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Home > Statutes > Usa Maine
USA Statutes : maine
Title : Title 21-A. ELECTIONS
Chapter : Chapter 13. CAMPAIGN REPORTS AND FINANCES
Title 21-A - §1002. Meetings of commission

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 1: GENERAL PROVISIONS

§1002. Meetings of commission

The commission shall meet in Augusta for the purposes of this chapter at least once per month in any year in which primary and general elections are held and every 2 weeks in the 60 days preceding an election. In the 28 days preceding an election, the commission shall meet in Augusta within one calendar day of the filing of any complaint or question with the commission. Agenda items in the 28 days preceding an election must be decided within 24 hours of the filing unless all parties involved agree otherwise. Meetings may be held over the telephone if necessary, as long as the commission office remains open for attendance by complainants, witnesses and other members of the public. Notwithstanding Title 1, chapter 13, telephone meetings of the commission are permitted only during the 28 days prior to an election when the commission is required to meet within 24 hours of the filing of any complaint or question with the commission. The commission office must be open with adequate staff resources available to respond to inquiries and receive complaints from 8 a.m. until at least 5:30 p.m. on the Saturday, Sunday and Monday immediately preceding an election and from 8 a.m. until at least 8 p.m. on election day. The commission shall meet at other times on the call of the Speaker of the House, the President of the Senate, the chair or a majority of the members of the commission, as long as all members are notified of the time, place and purpose of the meeting at least 24 hours in advance. [2001, c. 667, Pt. A, §43 (rpr).]

Section History:
PL 1985,
Ch. 161,
§6 (NEW).
PL 2001,
Ch. 430,
§7 (AMD).
PL 2001,
Ch. 470,
§4 (AMD).
PL 2001,
Ch. 667,
§A43 (RPR).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1003. Investigations by commission

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 1: GENERAL PROVISIONS

§1003. Investigations by commission

1. Investigations. The commission may undertake audits and investigations to determine the facts concerning the registration of a candidate, treasurer, political committee or political action committee and contributions by or to and expenditures by a person, candidate, treasurer, political committee or political action committee. For this purpose, the commission may subpoena witnesses and records and take evidence under oath. A person or political action committee that fails to obey the lawful subpoena of the commission or to testify before it under oath must be punished by the Superior Court for contempt upon application by the Attorney General on behalf of the commission. [2005, c. 301, §5 (amd).]


2. Investigations requested. A person may apply in writing to the commission requesting an investigation concerning the registration of a candidate, treasurer, political committee or political action committee and contributions by or to and expenditures by a person, candidate, treasurer, political committee or political action committee. The commission shall review the application and shall make the investigation if the reasons stated for the request show sufficient grounds for believing that a violation may have occurred. [1991, c. 839, §1 (amd); §34 (aff).]


2-A. Confidentiality. [2001, c. 535, §1 (rp).]


3. State Auditor. The State Auditor shall assist the commission in making investigations and in other phases of the commission's duties under this chapter, as requested by the commission, and has all necessary powers to carry out these responsibilities. [1999, c. 426, §31 (amd).]


4. Attorney General. Upon the request of the commission, the Attorney General shall aid in any investigation, provide advice, examine any witnesses before the commission or otherwise assist the commission in the performance of its duties. The commission shall refer any apparent violations of this chapter to the Attorney General for prosecution. [2001, c. 470, §5 (amd).]


Section History:
PL 1985,
Ch. 161,
§6 (NEW).
PL 1989,
Ch. 504,
§1,31 (AMD).
PL 1991,
Ch. 839,
§1 (AMD).
PL 1991,
Ch. 839,
§34 (AFF).
PL 1999,
Ch. 426,
§31 (AMD).
PL 2001,
Ch. 237,
§1 (AMD).
PL 2001,
Ch. 470,
§5 (AMD).
PL 2001,
Ch. 535,
§1 (AMD).
PL 2005,
Ch. 301,
§5 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1004-A. Penalties

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 1: GENERAL PROVISIONS

§1004-A. Penalties

The commission may assess the following penalties in addition to the other monetary sanctions authorized in this chapter. [2003, c. 628, Pt. A, §1 (new).]

1. Late campaign finance report. A person that files a late campaign finance report containing no contributions or expenditures may be assessed a penalty of no more than $100. [2003, c. 628, Pt. A, §1 (new).]


2. Contribution in excess of limitations. A person that accepts or makes a contribution that exceeds the limitations set out in section 1015, subsections 1 and 2 may be assessed a penalty of no more than the amount by which the contribution exceeded the limitation. [2003, c. 628, Pt. A, §1 (new).]


3. Contribution in name of another person. A person that makes a contribution in the name of another person, or that knowingly accepts a contribution made by one person in the name of another person, may be assessed a penalty not to exceed $5,000. [2003, c. 628, Pt. A, §1 (new).]


4. Substantial misreporting. A person that files a campaign finance report that substantially misreports contributions, expenditures or other campaign activity may be assessed a penalty not to exceed $5,000. [2003, c. 628, Pt. A, §1 (new).]


5. Material false statements. A person that makes a material false statement or that makes a statement that includes a material misrepresentation in a document that is required to be submitted to the commission, or that is submitted in response to a request by the commission, may be assessed a penalty not to exceed $5,000. [2005, c. 301, §6 (amd).]
div>
When the commission has reason to believe that a violation has occurred, the commission shall provide written notice to the candidate, political action committee, committee treasurer or other respondent and shall afford them an opportunity to appear before the commission before assessing any penalty. In determining any penalty under subsections 3, 4 and 5, the commission shall consider, among other things, the level of intent to mislead, the penalty necessary to deter similar misconduct in the future and the harm suffered by the public from the incorrect disclosure. [2003, c. 628, Pt. A, §1 (new).]

Section History:
PL 2003,
Ch. 628,
§A1 (NEW).
PL 2005,
Ch. 301,
§6 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1004. Violations

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 1: GENERAL PROVISIONS

§1004. Violations

The violation of any of the following subsections is a Class E crime. [1985, c. 161, §6 (new).]

1. Contributions and expenditures. A person, candidate, treasurer, political committee or political action committee may not knowingly make or accept any contribution or make any expenditure in violation of this chapter. [1991, c. 839, §2 (amd); §34 (aff).]


2. False statements. A person, candidate, treasurer or political action committee may not make a false statement in a report required by this chapter. [2003, c. 447, §36 (amd).]


3. Contributions in another's name. A person may not knowingly:



A. Make a contribution in the name of another person; [2003, c. 447, §37 (new).]




B. Permit the person's name to be used to accomplish a contribution in violation of paragraph A; or [2003, c. 447, §37 (new).]




C. Accept a contribution made by one person in the name of another person. [2003, c. 447, §37 (new).]

[2003, c. 447, §37 (rpr).]


4. Registration; political action committees. A political action committee required to be registered under section 1053 may not operate in this State unless it is so registered. [2003, c. 447, §38 (amd).]


Section History:
PL 1985,
Ch. 161,
§6 (NEW).
PL 1989,
Ch. 504,
§2,31 (AMD).
PL 1991,
Ch. 839,
§2 (AMD).
PL 1991,
Ch. 839,
§34 (AFF).
PL 2003,
Ch. 447,
§36-38 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1011. Application

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 2: REPORTS ON CAMPAIGNS FOR OFFICE

§1011. Application

This subchapter applies to candidates for all state and county offices and to campaigns for their nomination and election. [2001, c. 430, §8 (amd).] div>
Candidates for municipal office as defined in Title 30-A, section 2502, subsection 1 and referenda as defined in Title 30-A, section 2502, subsection 2 are governed by this subchapter, with the following provisions: [1995, c. 483, §2 (new).]

1. Role of the municipal clerk; commission. For candidates for municipal office, the municipal clerk is responsible for any duty assigned to the commission in this subchapter related to the registration of candidates, receipt of reports and distribution of information or forms, unless otherwise provided. The commission retains the sole authority to prescribe the content of all reporting forms. [1995, c. 483, §2 (new).]


2. Exemptions. Exemptions for municipal candidates from the reporting requirements of this subchapter are governed by this subsection.



A. At the time a municipal candidate registers under section 1013-A, the candidate may notify the municipal clerk in writing that the candidate will not accept contributions, make expenditures or incur financial obligations associated with that person's candidacy. A candidate who provides this written notice is not required to appoint a treasurer or to meet the filing requirements of this section as long as the candidate complies with the commitment. [1995, c. 483, §2 (new).]




B. The notice provided to the municipal clerk in paragraph A may be revoked. A written revocation must be presented to the municipal clerk before the candidate may accept contributions, make expenditures or incur obligations associated with that person's candidacy. A candidate who has filed a notice with the municipal clerk under paragraph A and accepts contributions, makes expenditures or incurs obligations associated with that person's candidacy prior to filing a revocation may be assessed a penalty of $10 for each business day that the revocation is late, up to a maximum of $500. This penalty may be imposed in addition to the penalties assessed under other sections of this Title. [1995, c. 483, §2 (new).]

[1995, c. 483, §2 (new).]


Section History:
PL 1985,
Ch. 161,
§6 (NEW).
PL 1995,
Ch. 483,
§2 (AMD).
PL 2001,
Ch. 430,
§8 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1013-A. Registration

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 2: REPORTS ON CAMPAIGNS FOR OFFICE

§1013-A. Registration

1. Candidates, their treasurers and political committees. A candidate shall register the candidate's name and the name of a treasurer with the commission at least once in each legislative biennium, as provided in this section. A candidate may have only one treasurer, who must be appointed pursuant to paragraph A or B. For purposes of this section, "legislative biennium" means the term of office a person is elected to serve in the Legislature.



A. No later than 10 days after becoming a candidate and before accepting contributions, making expenditures or incurring obligations, a candidate for state or county office or a candidate for municipal office who has not filed a written notice in accordance with section 1011, subsection 2, paragraph A shall appoint a treasurer. The candidate may serve as treasurer. The candidate may have only one treasurer, who is responsible for the filing of campaign finance reports under this chapter. A candidate shall register the candidate's name and address and the name and address of the treasurer appointed under this section no later than 10 days after the appointment of the treasurer. A candidate may accept contributions personally or make or authorize expenditures personally, as long as the candidate reports all contributions and expenditures to the treasurer. The treasurer shall make a consolidated report of all income and expenditures and provide this report to the commission.

(1) A candidate may appoint a deputy treasurer to act in the absence of the treasurer. The deputy treasurer, when acting in the absence of the treasurer, has the same powers and responsibilities as the treasurer. When a treasurer dies or resigns, the deputy treasurer may not assume the position of treasurer unless the candidate appoints the deputy treasurer to the position of treasurer. The candidate shall report the name and address of the deputy treasurer to the commission no later than 10 days after the deputy treasurer has been appointed.
[RR 1995, c. 2, §35 (cor).]




B. A candidate may authorize one political committee to promote the candidate's election. No later than 10 days after appointing a political committee and before accepting contributions, making expenditures or incurring obligations, a candidate for state, county or municipal office shall appoint a treasurer of the political committee. The treasurer of the political committee is responsible for filing campaign finance reports under this chapter. No later than 10 days after appointing a political committee, the candidate shall register with the commission the following information regarding the political committee:

(1) The name of the committee;


(2) The name and address of the committee's treasurer;


(3) The name of the candidate who authorized the committee; and


(4) The names and addresses of the committee's officers.
[1995, c. 483, §4 (amd).]




C. No later than 10 days after becoming a candidate, as defined in section 1, subsection 5, a candidate for the office of State House of Representatives or Senate shall file in writing a statement declaring that the candidate agrees to accept voluntary limits on political expenditures or that the candidate does not agree to accept voluntary limits on political expenditures, as specified in section 1015, subsections 7 to 9, or that the candidate has filed a declaration of intent to become certified as a candidate under the Maine Clean Election Act.
The statement filed by a candidate who voluntarily agrees to limit spending must state that the candidate knows the voluntary expenditure limitations as set out in section 1015, subsection 8 and that the candidate is voluntarily agreeing to limit the candidate's political expenditures and those made on behalf of the candidate by the candidate's political committee or committees, the candidate's party and the candidate's immediate family to the amount set by law. The statement must further state that the candidate does not condone and will not solicit any independent expenditures made on behalf of the candidate.
The statement filed by a candidate who does not agree to voluntarily limit political expenditures must state that the candidate does not accept the voluntary expenditure limits as set out in section 1015, subsection 8.
The statement filed by a candidate who has filed a declaration of intent under the Maine Clean Election Act must state that the candidate will be bound by the expenditure limitations imposed by that Act. [1999, c. 729, §1 (amd).]

[1999, c. 729, §1 (amd).]


2. Authorized political committees. [1991, c. 839, §5 (rp); §34 (aff).]


3. Party committees. The state, district and county committees of parties shall submit to the commission the names and addresses of all their officers and of their treasurers and the name and address of the principal paid employee, if any, within 30 days after the appointment, election or hiring of these persons. Municipal committees must file copies of the same information with the commission and the municipal clerk. District, county and municipal committees that provide their state party committees with the information required by this subsection to be submitted to the commission have met that requirement. No later than the 2nd Monday in April of each year in which a general election is scheduled, the state committee of a party shall submit a consolidated report, including the information required under this subsection, for the district, county and municipal committees of that party. [1995, c. 483, §5 (amd).]


4. Reporting by registered treasurers. Any contribution accepted and any expenditure made or authorized by or on behalf of a candidate registered under this section or qualified under sections 335 and 336 or sections 354 and 355 must be recorded and reported as provided in sections 1016 and 1017. [1991, c. 839, §6 (amd); §34 (aff).]


5. Changes in registration information. Every change in information required by this section to be reported to the commission shall be reported within 10 days of the date of the change. [1989, c. 504, §§4, 31 (new).]


Section History:
PL 1989,
Ch. 504,
§4,31 (NEW).
PL 1989,
Ch. 833,
§1 (AMD).
PL 1991,
Ch. 839,
§34 (AFF).
PL 1991,
Ch. 839,
§4-6 (AMD).
PL 1995,
Ch. 384,
§1 (AMD).
PL 1995,
Ch. 483,
§4,5 (AMD).
RR 1995,
Ch. 2,
§35 (COR).
PL 1999,
Ch. 729,
§1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1013-B. Removal of treasurer; filling vacancy of treasurer; substantiation of records of treasurer; notification to commission

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 2: REPORTS ON CAMPAIGNS FOR OFFICE

§1013-B. Removal of treasurer; filling vacancy of treasurer; substantiation of records of treasurer; notification to commission

A candidate may remove any treasurer that the candidate has appointed. In case of a vacancy in the position of treasurer of a candidate or treasurer of a political committee before the obligations of the treasurer have been performed, the candidate shall serve as treasurer from the date of the vacancy until the candidate appoints a successor and reports the name and address of the successor to the commission. The candidate shall file a written statement of resignation of a treasurer of a candidate or a treasurer of a political committee and until that statement has been filed, the resignation is not effective. An individual who vacates the position of treasurer by reason of removal or resignation shall certify the accuracy of the treasurer's records to the succeeding treasurer. A succeeding treasurer may not be held responsible for the accuracy of the predecessor's records. [1991, c. 839, §7 (new); §34 (aff).]

Section History:
PL 1991,
Ch. 839,
§34 (AFF).
PL 1991,
Ch. 839,
§7 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1013. Treasurer; political committees (REPEALED)

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 2: REPORTS ON CAMPAIGNS FOR OFFICE

§1013. Treasurer; political committees (REPEALED)



Section History:
PL 1985,
Ch. 161,
§6 (NEW).
PL 1987,
Ch. 160,
§2,3 (AMD).
PL 1989,
Ch. 504,
§3,31 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1014-A. Endorsements of political candidates

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 2: REPORTS ON CAMPAIGNS FOR OFFICE

§1014-A. Endorsements of political candidates

1. Definition. For purposes of this section, "endorsement" means an expression of support for the election of a clearly identified candidate by methods including but not limited to the following: broadcasting stations, newspapers, magazines, outdoor advertising facilities, direct mails or other similar types of general public political advertising or through computer networks, flyers, handbills, bumper stickers and other nonperiodical publications. [1995, c. 43, §1 (new).]


2. Authorization. A candidate may not use an endorsement unless the endorser has expressly authorized its use. The communication must clearly and conspicuously state that the endorsement has been authorized. If applicable, the communication must also satisfy the requirements of section 1014. [1995, c. 43, §1 (new).]


3. Civil forfeiture. A candidate who uses an endorsement without the authorization of the endorser violates this section and is subject to a civil forfeiture of no more than $200. [1995, c. 43, §1 (new).]


4. Enforcement. The full amount of the forfeiture is due within 30 days of the commission's determination that an endorsement has been used without the endorser's authorization. The commission is authorized to use all necessary powers to collect the forfeiture. If the full amount of the forfeiture is not collected within the 30 days after the commission has determined that a violation of this section has occurred, the commission shall report to the Attorney General the name of the person who has failed to pay. The Attorney General shall enforce the violation in a civil action to collect the full outstanding amount of the forfeiture. This action must be brought in the Superior Court for the County of Kennebec or the District Court, 7th District, Division of Southern Kennebec. [1995, c. 43, §1 (new).]


Section History:
PL 1995,
Ch. 43,
§1 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1014-B. Push polling

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 2: REPORTS ON CAMPAIGNS FOR OFFICE

§1014-B. Push polling

1. Push poll defined. For purposes of this section, "push poll" means any paid telephone survey or series of telephone surveys that are similar in nature that reference a candidate or group of candidates other than in a basic preference question, and when:



A. A list or directory is used, exclusively or in part, to select respondents belonging to a particular subset or combination of subsets of the population, based on demographic or political characteristics such as race, sex, age, ethnicity, party affiliation or like characteristics; [2001, c. 416, §1 (new).]




B. The survey fails to make demographic inquiries on factors such as age, household income or status as a likely voter sufficient to allow for the tabulation of results based on a relevant subset of the population consistent with standard polling industry practices; [2001, c. 416, §1 (new).]




C. The pollster or polling organization does not collect or tabulate survey results; [2001, c. 416, §1 (new).]




D. The survey prefaces a question regarding support for a candidate on the basis of an untrue statement; and [2001, c. 416, §1 (new).]




E. The survey is primarily for the purpose of suppressing or changing the voting position of the call recipient. [2001, c. 416, §1 (new).]

"Push poll" does not include any survey supporting a particular candidate that fails to reference another candidate or candidates other than in a basic preference question. [2001, c. 416, §1 (new).]


2. Push polls; political telephone solicitations; requirements. Push polling must be conducted in accordance with this subsection.



A. A person may not authorize, commission, conduct or administer a push poll by telephone or telephonic device unless, during each call, the caller identifies the person or organization sponsoring or authorizing the call by stating "This is a paid political advertisement by (name of persons or organizations)," and identifies the organization making the call, if different from the sponsor, by stating "This call is conducted by (name of organization)." [2001, c. 416, §1 (new).]




B. If any person identified as either sponsoring or authorizing the call is not required to file any document with election officials pursuant to this Title, a valid, current, publicly listed telephone number and address for the person or organization must be disclosed during each call. [2001, c. 416, §1 (new).]




C. If any person sponsoring or authorizing the call is affiliated with a candidate, the candidate's name and the office sought by that candidate must be disclosed during each call. [2001, c. 416, §1 (new).]




D. If the call is an independent expenditure, as defined in section 1019-B, that a candidate has not approved the call must be disclosed during each call. [2003, c. 448, §1 (amd).]

It is not a violation of this subsection if the respondent voluntarily terminates the call or asks to be called back before the required disclosures are made, unless the respondent is in any way encouraged to do so by the person initiating the call. A person may not state or imply false or fictitious names or telephone numbers when providing the disclosures required under this subsection. All oral disclosures required by this subsection must be made in a clear and intelligible manner and must be repeated in that fashion upon request of the call respondent. Disclosures made by any telephonic device must offer respondents a procedure to have the disclosures repeated. This subsection does not apply to a push poll or political telephone solicitation or contact if the individuals participating in the call know each other prior to the call. A person who violates this subsection may be assessed a forfeiture of $500 by the commission. [2003, c. 448, §1 (amd).]


3. Registered agents; requirements; registration. Persons conducting push polling shall register and comply with the requirements of this subsection.



A. A person who conducts a paid push poll or political telephone solicitation or contact, prior to conducting that poll, solicitation or contact, must have and continuously maintain for at least 180 days following the cessation of business activities in this State a designated agent for the purpose of service of process, notice or demand required or permitted by law, and shall file with the commission identification of that designated agent. Conducting business in this State includes both placing telephone calls from a location in this State and calls from other states or nations to individuals located within this State. The designated agent must be an individual resident of this State, a domestic corporation or a foreign corporation authorized to do business in this State. This paragraph does not apply to any entity already lawfully registered to conduct business in this State. [2001, c. 416, §1 (new).]




B. The commission shall create and maintain forms for the designation of agents required pursuant to paragraph A and require, at a minimum, the following information:

(1) The name, address and telephone number of the designated agent; and


(2) The name, address and telephone number of the person conducting business in this State.
[2001, c. 416, §1 (new).]




C. The person conducting push polling shall notify the commission of any changes in the designated agent and the information required by paragraph B. [2001, c. 416, §1 (new).]




D. A person who violates this subsection may be assessed a forfeiture of $500 by the commission. [2001, c. 416, §1 (new).]

[2001, c. 416, §1 (new).]


4. Permitted practices. This section does not prohibit legitimate election practices, including but not limited to:



A. Voter identification; [2001, c. 416, §1 (new).]




B. Voter facilitation activities; or [2001, c. 416, §1 (new).]




C. Generally accepted scientific polling research. [2001, c. 416, §1 (new).]

[2001, c. 416, §1 (new).]


Section History:
PL 2001,
Ch. 416,
§1 (NEW).
PL 2003,
Ch. 448,
§1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1014. Publication or distribution of political statements

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 2: REPORTS ON CAMPAIGNS FOR OFFICE

§1014. Publication or distribution of political statements

1. Authorized by candidate. Whenever a person makes an expenditure to finance a communication expressly advocating the election or defeat of a clearly identified candidate through broadcasting stations, newspapers, magazines, outdoor advertising facilities, publicly accessible sites on the Internet, direct mails or other similar types of general public political advertising or through flyers, handbills, bumper stickers and other nonperiodical publications, the communication, if authorized by a candidate, a candidate's authorized political committee or their agents, must clearly and conspicuously state that the communication has been so authorized and must clearly state the name and address of the person who made or financed the expenditure for the communication. The following forms of political communication do not require the name and address of the person who made or authorized the expenditure for the communication because the name or address would be so small as to be illegible or infeasible: ashtrays, badges and badge holders, balloons, campaign buttons, clothing, coasters, combs, emery boards, envelopes, erasers, glasses, key rings, letter openers, matchbooks, nail files, noisemakers, paper and plastic cups, pencils, pens, plastic tableware, 12-inch or shorter rulers, swizzle sticks, tickets to fund-raisers and similar items determined by the commission to be too small and unnecessary for the disclosures required by this section. [2005, c. 301, §10 (amd).]


2. Not authorized by candidate. If the communication described in subsection 1 is not authorized by a candidate, a candidate's authorized political committee or their agents, the communication must clearly and conspicuously state that the communication is not authorized by any candidate and state the name and address of the person who made or financed the expenditure for the communication. If the communication is in written form, the communication must contain at the bottom of the communication in print that is no smaller in size than 10-point bold print, Times New Roman font, the words "NOT PAID FOR OR AUTHORIZED BY ANY CANDIDATE." [2003, c. 510, Pt. F, §1 (amd); c. 599, §15 (aff).]


2-A. Communication. If a communication that names or depicts a clearly identified candidate is disseminated during the 21 days before an election through the media described in subsection 1, the communication must state the name and address of the person who made or financed the communication and a statement that the communication was or was not authorized by the candidate. [2005, c. 301, §11 (new).]


3. Broadcasting prohibited without disclosure. No person operating a broadcasting station within this State may broadcast any communication, as described in subsections 1 and 2, without an oral or written visual announcement of the name of the person who made or financed the expenditure for the communication. [1985, c. 161, §6 (new).]


3-A. In-kind contributions of printed materials. A candidate, political committee or political action committee shall report on the campaign finance report as a contribution to the candidate, political committee or political action committee any contributions of in-kind printed materials to be used in the support of a candidate or in the support or defeat of a cause to be voted upon at referendum. Any in-kind contributions of printed materials used or distributed by a candidate, political committee or political action committee must include the name or title of that candidate, political committee or political action committee as the authorizing agent for the printing and distribution of the in-kind contribution. The use or distribution of in-kind printed materials contributed to a candidate, political committee or political action committee must be reported as an expenditure on the campaign finance report of that candidate, political committee or political action committee. [1991, c. 839, §9 (new).]


3-B. Newspapers. A newspaper may not publish a communication described in subsection 1 or 2 without including the disclosure required by this section. For purposes of this subsection, "newspaper" includes any printed material intended for general circulation or to be read by the general public. When necessary, a newspaper may seek the advice of the commission regarding whether or not the communication requires the disclosure. [2005, c. 308, §1 (new).]


4. Enforcement. An expenditure, communication or broadcast made within 10 days before the election to which it relates that results in a violation of this section may result in a civil forfeiture of no more than $200. An expenditure, communication or broadcast made more than 10 days before the election that results in a violation of this section may result in a civil forfeiture of no more than $100 if the violation is not corrected within 10 days after the candidate or other person who committed the violation receives notification of the violation from the commission. Enforcement and collection procedures must be in accordance with section 1020-A. [1995, c. 483, §6 (amd).]


5. Automated telephone calls. Automated telephone calls that name a clearly identified candidate must clearly state the name of the person who made or financed the expenditure for the communication, except for automated telephone calls paid for by the candidate that use the candidate's voice in the telephone call. [2005, c. 301, §12 (new).]


Section History:
PL 1985,
Ch. 161,
§6 (NEW).
PL 1987,
Ch. 188,
§17 (AMD).
PL 1989,
Ch. 504,
§5,6,31 (AMD).
PL 1991,
Ch. 466,
§37 (AMD).
PL 1991,
Ch. 839,
§8-10 (AMD).
PL 1995,
Ch. 483,
§6 (AMD).
PL 2003,
Ch. 302,
§1 (AMD).
PL 2003,
Ch. 510,
§F1 (AMD).
PL 2003,
Ch. 510,
§F2 (AFF).
PL 2003,
Ch. 599,
§15 (AFF).
PL 2005,
Ch. 301,
§10-12 (AMD).
PL 2005,
Ch. 308,
§1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1015-A. Corporate contributions

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 2: REPORTS ON CAMPAIGNS FOR OFFICE

§1015-A. Corporate contributions

Contributions made by a for-profit or a nonprofit corporation including a parent, subsidiary, branch, division, department or local unit of a corporation, and contributions made by a political committee or political action committee whose contribution or expenditure activities are financed, maintained or controlled by a corporation are considered to be made by that corporation, political committee or political action committee. [1991, c. 839, §12 (new).]

1. Single entities. Two or more entities are treated as a single entity if the entities:



A. Share the majority of members of their boards of directors; [1991, c. 839, §12 (new).]




B. Share 2 or more officers; [1991, c. 839, §12 (new).]




C. Are owned or controlled by the same majority shareholder or shareholders; or [1991, c. 839, §12 (new).]




D. Are in a parent-subsidiary relationship. [1991, c. 839, §12 (new).]

[1991, c. 839, §12 (new).]


Section History:
PL 1991,
Ch. 839,
§12 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1015. Limitations on contributions and expenditures

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 2: REPORTS ON CAMPAIGNS FOR OFFICE

§1015. Limitations on contributions and expenditures

1. Individuals. An individual may not make contributions to a candidate in support of the candidacy of one person aggregating more than $500 in any election for a gubernatorial candidate or more than $250 in any election for any other candidate. This limitation does not apply to contributions in support of a candidate by that candidate or that candidate's spouse. [1999, c. 729, §2 (amd).]


2. Committees; corporations; associations. A political committee, other committee, corporation or association may not make contributions to a candidate in support of the candidacy of one person aggregating more than $500 in any election for a gubernatorial candidate or more than $250 in any election for any other candidate. [1999, c. 729, §2 (amd).]


3. Aggregate contributions. No individual may make contributions to candidates aggregating more than $25,000 in any calendar year. This limitation does not apply to contributions in support of a candidate by that candidate or his spouse. [1985, c. 161, §6 (new).]


4. Political committees; intermediaries. For the purpose of the limitations imposed by this section, contributions made to any political committee authorized by a candidate to accept contributions on the candidate's behalf are considered to be contributions made to that candidate. For the purposes of the limitations imposed by this section, all contributions made by a person, either directly or indirectly, on behalf of a particular candidate, including contributions which are in any way earmarked or otherwise directed through an intermediary or conduit to the candidate, are considered to be contributions from that person to the candidate. The intermediary or conduit shall report the original source and the intended recipient of the contribution to the commission and to the intended recipient. [1985, c. 161, §6 (new).]


5. Other contributions and expenditures. Any expenditure made by any person in cooperation, consultation or concert with, or at the request or suggestion of, a candidate, a candidate's political committee or their agents is considered to be a contribution to that candidate. The financing by any person of the dissemination, distribution or republication, in whole or in part, of any broadcast or any written or other campaign materials prepared by the candidate, the candidate's political committee or committees or their authorized agents is considered to be a contribution to that candidate. [1989, c. 504, §§7, 31 (amd).]


6. Prohibited expenditures. A candidate, a treasurer, a political committee, a party or party committee, a person required to file a report under this subchapter or their authorized agents may not make any expenditures for liquor to be distributed to or consumed by voters while the polls are open on election day. [1991, c. 839, §11 (amd); §34 (aff).]


7. Voluntary limitations on political expenditures. A candidate may voluntarily agree to limit the total expenditures made on behalf of that candidate's campaign as specified in section 1013-A, subsection 1, paragraph C and subsections 8 and 9. [1995, c. 384, §2 (new).]


8. Political expenditure limitation amounts. Total expenditures in any election for legislative office by a candidate who voluntarily agrees to limit campaign expenditures as provided in subsection 7 are as follows:



A. For State Senator, $25,000; [1999, c. 729, §3 (amd).]




B. For State Representative, $5,000; and [1999, c. 729, §3 (amd).]




C. For State Senator or State Representative as a candidate certified under the Maine Clean Election Act, to the extent authorized by that Act. [1999, c. 729, §3 (new).]

Expenditure limits are per election and may not be carried forward from one election to another. For calculation and reporting purposes, the reporting periods established in section 1017 apply. [1999, c. 729, §3 (amd).]


9. Publication of list. The commission shall publish a list of the candidates for State Representative and State Senator who have agreed to voluntarily limit total expenditures for their campaigns as provided in section 1013-A, subsection 1, paragraph C. For the purposes of subsections 7 and 8 and this subsection, "total expenditures" means the sum of all expenditures made to influence a single election that are made by a candidate or made on the candidate's behalf by the candidate's political committee or committees, the candidate's party or the candidate's immediate family. [1995, c. 384, §2 (new).]


Section History:
PL 1985,
Ch. 161,
§6 (NEW).
PL 1989,
Ch. 504,
§7,31 (AMD).
PL 1991,
Ch. 839,
§11 (AMD).
PL 1991,
Ch. 839,
§34 (AFF).
IB 1995,
Ch. 1,
§11 (AMD).
PL 1995,
Ch. 384,
§2 (AMD).
PL 1999,
Ch. 729,
§2,3 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1016. Records

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 2: REPORTS ON CAMPAIGNS FOR OFFICE

§1016. Records

Each treasurer shall keep detailed records of all contributions received and of each expenditure that the treasurer or candidate makes or authorizes, as provided in this section. When reporting contributions and expenditures to the commission as required by section 1017, the treasurer shall certify the completeness and accuracy of the information reported by that treasurer. [1991, c. 839, §13 (amd); §34 (aff).]

1. Segregated funds. All funds of a political committee and campaign funds of a candidate must be segregated from, and may not be commingled with, any personal funds of the candidate, treasurer or other officers, members or associates of the committee. Personal funds of the candidate used to support the candidacy must be recorded and reported to the treasurer as contributions to the political committee, or the candidate if the candidate has not authorized a political committee. [1991, c. 839, §13 (amd); §34 (aff).]


2. Report of contributions and expenditures. A person who receives a contribution or makes an expenditure for a candidate or political committee shall report the contribution or expenditure to the treasurer within 5 days of the receipt of the contribution or the making of the expenditure. A person who receives a contribution in excess of $10 for a candidate or a political committee shall report to the treasurer the amount of the contribution, the name and address of the person making the contribution and the date on which the contribution was received. [1991, c. 839, §13 (amd); §34 (aff).]


3. Record keeping. A treasurer shall keep a detailed and exact account of:



A. All contributions made to or for the candidate or committee, including any contributions by the candidate; [1989, c. 504, §§10, 31, (amd).]




B. The name and address of every person making a contribution in excess of $10, the date and amount of that contribution and, if a person's contributions in any report filing period aggregate more than $50, the account must include the contributor's occupation and principal place of business, if any. If the contributor is the candidate or a member of the candidate's immediate family, the account must also state the relationship. For purposes of this paragraph, "filing period" is as provided in section 1017, subsections 2 and 3-A; [1991, c. 839, §13 (amd).]




C. All expenditures made by or on behalf of the committee or candidate; and [1985, c. 161, §6 (new).]




D. The name and address of every person to whom any expenditure is made and the date and amount of the expenditure. [1985, c. 161, §6 (new).]

[1991, c. 839, §13 (amd).]


4. Receipts preservation. A treasurer shall obtain and keep a receipted bill, stating the particulars, for every expenditure in excess of $50 made by or on behalf of a political committee or a candidate and for any such expenditure in a lesser amount if the aggregate amount of those expenditures to the same person in any election exceeds $50. The treasurer shall preserve all receipted bills and accounts required to be kept by this section for 2 years following the final report required to be filed for the election to which they pertain, unless otherwise ordered by the commission or a court. [1991, c. 839, §13 (amd); §34 (aff).]


Section History:
PL 1985,
Ch. 161,
§6 (NEW).
PL 1989,
Ch. 504,
§8-10,31 (AMD).
PL 1989,
Ch. 878,
§A47,48 (AMD).
PL 1991,
Ch. 839,
§13 (AMD).
PL 1991,
Ch. 839,
§34 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1017-A. Reports of contributions and expenditures by party committees

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 2: REPORTS ON CAMPAIGNS FOR OFFICE

§1017-A. Reports of contributions and expenditures by party committees

1. Contributions. A party committee shall report all contributions in cash or in kind from an individual contributor that in the aggregate in a campaign total more than $200. The party committee shall report the name, mailing address, occupation and place of business of each contributor. Contributions of $200 or less must be reported, and these contributions may be reported as a lump sum. [1993, c. 680, Pt. C, §2 (amd).]


2. Expenditures on behalf of candidates, others. A party committee shall report all expenditures in cash or in kind of the committee made on behalf of a candidate, political committee, political action committee or party committee registered under this chapter. The party committee shall report:



A. The name and address of each candidate and the identity and address of a campaign or committee; [1991, c. 839, §23 (new); §33 (aff).]




B. The office sought by a candidate and the district that the candidate seeks to represent; and [1991, c. 839, §23 (new); §33 (aff).]




C. The date and amount of each expenditure. [1993, c. 715, §1 (amd).]

[1993, c. 715, §1 (amd).]


3. Other expenditures. Operational expenses and other expenditures in cash or in kind of the party committee that are not made on behalf of a candidate, committee or campaign must be reported as a separate item. The party committee shall report:



A. The name and address of each recipient; [1993, c. 715, §2 (new).]




B. The reason for the expenditure; and [1993, c. 715, §2 (new).]




C. The date and amount of each expenditure. [1993, c. 715, §2 (new).]

[1993, c. 715, §2 (amd).]


4. Filing schedule. [2003, c. 302, §2 (rp).]


4-A. Filing schedule. A state party committee shall file its reports according to the following schedule.



A. Quarterly reports must be filed:

(1) On January 15th and must be complete up to January 5th;


(2) On April 10th and must be complete up to March 31st;


(3) On July 15th and must be complete up to July 5th; and


(4) On October 10th and must be complete up to September 30th.
[2003, c. 302, §3 (new).]




B. General and primary election reports must be filed:

(1) On the 6th day before the date on which the election is held and must be complete up to the 12th day before that date; and


(2) On the 42nd day after the date on which the election is held and must be complete up to the 35th day after that date.
[2003, c. 302, §3 (new).]




C. Reports of spending to influence special elections, referenda, initiatives, bond issues or constitutional amendments must be filed:

(1) On the 6th day before the date on which the election is held and must be complete up to the 12th day before that date; and


(2) On the 42nd day after the date on which the election is held and must be complete up to the 35th day after that date.
[2003, c. 302, §3 (new).]




D. A state party committee that files an election report under paragraph B or C is not required to file a quarterly report under paragraph A when the deadline for that quarterly report falls within 10 days of the filing deadline established in paragraph B or C. [2003, c. 302, §3 (new).]




E. A state party committee shall report any expenditure of $500 or more, made after the 12th day before the election and more than 24 hours before 5:00 p.m. on the day of the election, within 24 hours of that expenditure. [2005, c. 301, §18 (amd).]

[2005, c. 301, §18 (amd).]


4-B. Filing schedule for municipal, district and county party committees. Municipal, district and county party committees shall file reports according to the following schedule.



A. Reports filed during an election year must be filed with the commission on:

(1) July 15th and be complete as of June 30th;


(2) October 27th and be complete as of October 22nd; and


(3) January 15th and be complete as of December 31st.
[2003, c. 628, Pt. A, §2 (new).]




B. Reports filed during a nonelection year must be filed on:

(1) July 15th and be complete as of June 30th; and


(2) January 15th and be complete as of December 31st.
[2003, c. 628, Pt. A, §2 (new).]




C. Any contribution or expenditure of $1,000 or more made after the 12th day before any election and more than 24 hours before that election must be reported within 24 hours of that contribution or expenditure. [2005, c. 301, §19 (amd).]

[2005, c. 301, §19 (amd).]


4-C. Electronic filing. Beginning January 1, 2006, state party committees shall file each report required by this section through an electronic filing system developed by the commission. The commission may make an exception to this electronic filing requirement if a party committee submits a written request that states that the party committee lacks access to the technology or the technological ability to file reports electronically. The request for an exception must be submitted by March 1st of the election year. The commission shall grant all reasonable requests for exceptions. [2005, c. 301, §20 (new).]


5. Penalties. A party committee is subject to the penalties in section 1020-A, subsection 4-A. [RR 2003, c. 1, §13 (cor).]


6. Notice; forms. A state party committee shall notify all county, district and municipal party committees of the same political party of the party committee reporting requirements. The party committees shall obtain the necessary forms from the commission to complete the filing requirements. [1991, c. 839, §23 (new); §33 (aff).]


7. Exemption. Any party committee receiving and expending less than $1,500 in one calendar year is exempt from the reporting requirements of this section for that year. [1991, c. 839, §23 (new); §33 (aff).]


8. Municipal elections. When a party committee makes contributions or expenditures on behalf of a candidate for municipal office subject to this subchapter, it shall file a copy of the reports required by this section with the clerk in that candidate's municipality. [1995, c. 483, §10 (new).]


Section History:
PL 1991,
Ch. 839,
§23 (NEW).
PL 1991,
Ch. 839,
§33 (AFF).
PL 1993,
Ch. 228,
§1 (AMD).
PL 1993,
Ch. 680,
§C2 (AMD).
PL 1993,
Ch. 715,
§1,2 (AMD).
PL 1995,
Ch. 228,
§1 (AMD).
PL 1995,
Ch. 483,
§9,10 (AMD).
RR 1995,
Ch. 2,
§37 (COR).
PL 2003,
Ch. 302,
§2,3 (AMD).
PL 2003,
Ch. 628,
§A2,B4 (AMD).
RR 2003,
Ch. 1,
§13 (COR).
PL 2005,
Ch. 301,
§18-20 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1017. Reports by candidates

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 2: REPORTS ON CAMPAIGNS FOR OFFICE

§1017. Reports by candidates

1. Federal candidates. The treasurer of the campaign committee of each candidate for federal office shall file with the commission a copy of the complete report required of them under federal law on the same date that those reports are required to be filed under federal law. [1989, c. 504, §§11, 31 (amd).]


2. Gubernatorial candidates. A treasurer of a candidate for the office of Governor shall file reports with the commission as follows. Once the first required report has been filed, each subsequent report must cover the period from the completion date of the prior report filed.



A. In any calendar year, other than a gubernatorial election year, in which the candidate or the candidate's political committee has received contributions in excess of $1,000 or made or authorized expenditures in excess of $1,000, reports must be filed no later than 5 p.m. on July 15th of that year and January 15th of the following calendar year. These reports must include all contributions made to and all expenditures made or authorized by or on behalf of the candidate or the candidate's treasurer as of the end of the preceding month, except those covered by a previous report. [1991, c. 839, §14 (amd); §34 (aff).]




B. Reports must be filed no later than 5 p.m. on the 42nd day before the date on which an election is held and must be complete as of the 49th day before that date. If a report was not filed under paragraph A, the report required under this paragraph must cover all contributions and expenditures through the completion date. [1991, c. 839, §14 (amd); §34 (aff).]




C. Reports must be filed no later than 5 p.m. on the 6th day before the date on which an election is held and must be complete as of the 12th day before that date. [1991, c. 839, §14 (amd); §34 (aff).]




D. Contributions aggregating $1,000 or more from any one contributor or single expenditures of $1,000 or more, made after the 12th day before the election, and more than 24 hours before 5 p.m. on the day of the election, must be reported within 24 hours of those contributions or expenditures. [2005, c. 301, §13 (amd).]




E. Reports must be filed no later than 5 p.m. on the 42nd day after the date on which an election is held and must be complete for the filing period as of the 35th day after that date. [1991, c. 839, §14 (amd); §34 (aff).]




F. Unless further reports will be filed in relation to a later election in the same calendar year, the disposition of any surplus or deficit in excess of $50 shown in the reports described in paragraph E must be reported as provided in this paragraph. The treasurer of a candidate or political committee with a surplus or deficit in excess of $50 shall file reports semiannually with the commission within 15 days following the end of the 2nd and 4th quarters of the State's fiscal year, complete as of the last day of the quarter, until the surplus is disposed of or the deficit is liquidated. The first report under this paragraph is not required until the 15th day of the period beginning at least 90 days from the date of the election. The reports may either be filed in person with the commission on that date or postmarked on that date. The reports must set forth any contributions for the purpose of liquidating the deficit, in the same manner as contributions are set forth in other reports required in this section. [1991, c. 839, §14 (amd); §34 (aff).]




G. Unless otherwise specified in this subsection, reports must be complete back to the completion date of the previous report. The reports described in paragraph E, if filed with respect to a primary election, are considered previous reports in relation to reports concerning a general election. [1991, c. 839, §14 (amd); §34 (aff).]




H. Reports with respect to a candidate who seeks nomination by petition for the office of Governor must be filed on the same dates that reports must be filed with respect to a candidate who seeks that nomination by primary election. [1991, c. 839, §14 (amd); §34 (aff).]

[2005, c. 301, §13 (amd).]


3. Other candidates. [1989, c. 504, §§13, 31 (rp).]


3-A. Other candidates. A treasurer of a candidate for state or county office other than the office of Governor shall file reports with the commission and municipal candidates shall file reports with the municipal clerk as follows. Once the first required report has been filed, each subsequent report must cover the period from the completion date of the prior report filed.



A. In any calendar year in which an election for the candidate's particular office is not scheduled, when any candidate or candidate's political committee has received contributions in excess of $500 or made or authorized expenditures in excess of $500, reports must be filed no later than 5 p.m. on July 15th of that year and January 15th of the following calendar year. These reports must include all contributions made to and all expenditures made or authorized by or on behalf of the candidate or the treasurer of the candidate as of the end of the preceding month, except those covered by a previous report. [1991, c. 839, §15 (amd); §34 (aff).]




B. Reports must be filed no later than 5 p.m. on the 6th day before the date on which an election is held and must be complete as of the 12th day before that date. If a report was not filed under paragraph A, the report required under this paragraph must cover all contributions and expenditures through the completion date. [1991, c. 839, §15 (amd); §34 (aff).]




C. Contributions aggregating $1,000 or more from any one contributor or single expenditures of $1,000 or more, made after the 12th day before any election and more than 24 hours before 5 p.m. on the day of any election must be reported within 24 hours of those contributions or expenditures. [2005, c. 301, §14 (amd).]




D. Reports must be filed no later than 5 p.m. on the 42nd day after the date on which an election is held and must be complete for the filing period as of the 35th day after that date. [1991, c. 839, §15 (amd); §34 (aff).]




E. Unless further reports will be filed in relation to a later election in the same calendar year, the disposition of any surplus or deficit in excess of $50 shown in the reports described in paragraph D must be reported as provided by this paragraph. The treasurer of a candidate with a surplus or deficit in excess of $50 shall file reports semiannually with the commission within 15 days following the end of the 2nd and 4th quarters of the State's fiscal year, complete as of the last day of the quarter, until the surplus is disposed of or the deficit is liquidated. The first report under this paragraph is not required until the 15th day of the period beginning at least 90 days from the date of the election. The reports may either be filed in person with the commission on that date or postmarked on that date. The reports must set forth any contributions for the purpose of liquidating the deficit, in the same manner as contributions are set forth in other reports required in this section. [1991, c. 839, §15 (amd); §34 (aff).]




F. Reports with respect to a candidate who seeks nomination by petition must be filed on the same dates that reports must be filed by a candidate for the same office who seeks that nomination by primary election. [1991, c. 839, §15 (amd); §34 (aff).]

[2005, c. 301, §14 (amd).]


3-B. Accelerated reporting schedule. Additional reports are required from nonparticipating Maine Clean Election Act candidates pursuant to this subsection.



A. In addition to other reports required by law, any candidate for Governor, State Senate or State House of Representatives who is not certified as a Maine Clean Election Act candidate under chapter 14 and who receives, spends or obligates more than 1% in excess of the primary or general election distribution amounts for a Maine Clean Election Act candidate in the same race shall file by any means acceptable to the commission, within 48 hours of that event, a report with the commission detailing the candidate's total campaign contributions, obligations and expenditures to date. [2001, c. 470, §6 (new).]




B. A nonparticipating candidate with a Maine Clean Election Act opponent shall file the following additional reports detailing the candidate's total campaign contributions, obligations and expenditures to date, unless that candidate signs an affidavit by the date the report is due, attesting that the candidate has not received, spent or obligated an amount sufficient to require a report under paragraph A:

(1) A report filed not later than 5 p.m. on the 42nd day before the date on which an election is held and complete as of the 44th day before that date;


(2) A report filed no later than 5 p.m. on the 21st day before the date on which an election is held and complete as of the 23rd day before that date; and


(3) A report filed no later than 5 p.m. on the 12th day before the date on which an election is held and complete as of the 14th day before that date.
[2001, c. 589, §1 (amd).]




C. A candidate who is required to file a report under paragraph A must file with the commission an updated report that reports single expenditures in the following amounts that are made after the 14th day before an election and more than 24 hours before 5:00 p.m. on the date of that election:

(1) For a candidate for Governor, a single expenditure of $1,000;


(2) For a candidate for the state Senate, a single expenditure of $750; and


(3) For a candidate for the state House of Representatives, a single expenditure of $500.

A report filed pursuant to this paragraph must be filed within 24 hours of the expenditure. [2003, c. 628, Pt. B, §3 (amd).]

The commission shall provide forms to facilitate compliance with this subsection. The commission shall notify a candidate within 48 hours if an amount reported on any report under paragraph B exceeds 1% in excess of the primary or general election distribution amounts for a Maine Clean Election Act candidate in the same race and no report has been received under paragraph A. [2003, c. 628, Pt. B, §3 (amd).]


4. New candidate or nominee. A candidate for nomination or a nominee chosen to fill a vacancy under chapter 5, subchapter III is subject to section 1013-A, subsection 1, except that the candidate shall register the name of a treasurer or political committee and all other information required in section 1013-A, subsection 1, paragraphs A and B within 7 days after the candidate's appointment or at least 6 days before the election, whichever is earlier. The person required to file a report under section 1013-A, subsection 1 shall file a campaign report under this section 15 days after the candidate's appointment or 6 days before the election, whichever is earlier. The report must include all contributions received and expenditures made through the completion date. The report must be complete as of 4 days before the report is due. Subsequent reports must be filed on the schedule set forth in this section. The commission shall send notification of this requirement and registration and report forms to the candidate and the candidate's treasurer immediately upon notice of the candidate's and treasurer's appointments. [1991, c. 839, §16 (amd).]


5. Content. A report required under this section must contain the itemized accounts of contributions received during that report filing period, including the date a contribution was received, and the name, address, occupation, principal place of business, if any, and the amount of the contribution of each person who has made a contribution or contributions aggregating in excess of $50. The report must contain the itemized expenditures made or authorized during the report filing period, the date and purpose of each expenditure and the name of each payee and creditor. Total contributions with respect to an election of less than $500 and total expenditures of less than $500 need not be itemized. The report must contain a statement of any loan to a candidate by a financial institution in connection with that candidate's candidacy that is made during the period covered by the report, whether or not the loan is defined as a contribution under section 1012, subsection 2, paragraph A. Until December 31, 1992, the candidate is responsible for the timely and accurate filing of each required report. Beginning January 1, 1993, the candidate and the treasurer are jointly responsible for the timely and accurate filing of each required report. [1991, c. 839, §17 (amd).]


5-A. Valuation of contributions sold at auction. Any contribution received by a candidate that is later sold at auction shall be reported in the following manner.



A. If the contribution is sold at auction before the commencement of the appropriate reporting period specified in subsections 1 to 4, or during that period, the value of the contribution is deemed to be the amount of the purchase price paid at auction. [1987, c. 726, §2 (new).]




B. If the contribution is sold after the termination of the appropriate reporting period specified in subsections 1 to 4, the value of the contribution is the difference between the value of the contribution as originally reported by the treasurer and the amount of the purchase price paid at auction. Unless further reports are filed in relation to a later election in the same calendar year, the disposition of any net surplus or deficit in excess of $50 resulting from the difference between the auction price and the original contribution value must be reported in the same manner as provided in subsection 2, paragraph F or subsection 3-A, paragraph E, as appropriate. [1991, c. 839, §18 (rpr); §34 (aff).]

[1991, c. 839, §18 (amd); §34 (aff).]


6. Forms. Reports required by this section not filed electronically must be on forms prescribed, prepared and sent by the commission to the treasurer of each registered candidate at least 7 days before the filing date for the report. Establishment of or amendments to the campaign report filing forms required by this section must be by rule. Persons filing reports may use additional pages if necessary, but the pages must be the same size as the pages of the form. Although the commission mails the forms for required reports, failure to receive forms by mail does not excuse treasurers, committees and other persons who must file reports from otherwise obtaining the forms. Rules of the commission establishing campaign report filing forms for candidates are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. [2005, c. 301, §15 (amd).]


7. Reporting exemption. [1991, c. 839, §20 (rp); §34 (aff).]


7-A. Reporting exemption. A candidate is exempt from reporting as provided by this subsection.



A. A candidate may, at the time the candidate registers under section 1013-A, notify the commission that the candidate and the candidate's agents, if any, will not personally accept contributions, make expenditures or incur obligations associated with that candidate's candidacy. The notification must be sworn and notarized. A candidate who provides this notice to the commission is not required to appoint a treasurer and is not subject to the filing requirements of this subchapter if the statement is true. [1995, c. 483, §8 (new).]




B. The notice provided to the commission under paragraph A may be revoked. Prior to revocation, the candidate must appoint a treasurer. The candidate may not accept contributions, make expenditures or incur obligations before the appointment of a treasurer and the filing of a revocation notice are accomplished. A revocation notice must be in the form of an amended registration, which must be filed with the commission no later than 10 days after the appointment of a treasurer. The candidate and the candidate's treasurer, as of the date the revocation notice is filed with the commission, may accept contributions, make expenditures and incur obligations associated with the candidate's candidacy. Any candidate who fails to file a timely revocation notice is subject to the penalties prescribed in section 1020-A, subsection 4, up to a maximum of $5,000. Lateness is calculated from the day a contribution is received, an expenditure is made or an obligation is incurred, whichever is earliest. [RR 1995, c. 2, §36 (cor).]

[RR 1995, c. 2, §36 (cor).]


8. Disposition of surplus. A treasurer of a candidate registered under section 1013-A or qualified under sections 335 and 336 or sections 354 and 355 may dispose of a surplus exceeding $50 by:



A. Returning contributions to the candidate's or candidate's authorized political committee's contributors, as long as no contributor receives more than the amount contributed; [2005, c. 301, §16 (amd).]




B. A gift to a qualified political party within the State, including any county or municipal subdivision of such a party; [1991, c. 839, §21 (amd); §34 (aff).]




C. An unrestricted gift to the State; [1989, c. 504, §§17, 31 (new).]




D. Carrying forward the surplus balance to a political committee established to promote the same candidate for a subsequent election; [1989, c. 504, §§17, 31 (new).]




D-1. Carrying forward the surplus balance for use by the candidate for a subsequent election; [1989, c. 833, §7 (new).]




E. Transferring the surplus balance to one or more other candidates registered under section 1013-A or qualified under sections 335 and 336 or sections 354 and 355, or to political committees established to promote the election of those candidates, provided that the amount transferred does not exceed the contribution limits established by section 1015; [1991, c. 839, §21 (amd); §34 (aff).]




F. Repaying any loans or retiring any other debts incurred to defray campaign expenses of the candidate; [1995, c. 193, §1 (amd).]




G. Paying for any expense incurred in the proper performance of the office to which the candidate is elected, as long as each expenditure is itemized on expenditure reports; and [1995, c. 193, §2 (amd).]




H. A gift to a charitable or educational organization that is not prohibited, for tax reasons, from receiving such a gift. [1995, c. 193, §3 (new).]

The choice must be made by the candidate for whose benefit the contributions were made and distribution of the entire surplus by one or more of the methods prescribed in this subsection must be completed within 4 years of the election for which the contributions were received. [2005, c. 301, §16 (amd).]


9. Campaign termination report forms. The commission shall provide each candidate required to report campaign contributions and expenditures with a campaign termination report form. A candidate shall file the campaign termination report with the commission as required in this subsection. The campaign termination report must be complete as of June 30th of the year following the campaign of the previous year. This form must show any deficits or surpluses to be carried over to the next campaign. Funds not carried forward to the next campaign must be disposed of as provided in section 1017, subsection 8. Campaign reporting is as follows.



A. Candidates with surplus campaign funds following an election shall file termination reports no later than July 15th of the year following the campaign of the previous year. [1991, c. 839, §22 (new).]




B. Candidates with a campaign deficit following an election shall file termination reports no later than July 15th of the year following the campaign of the previous year. [1991, c. 839, §22 (new).]




C. Candidates with a deficit who will not participate in the next election for the same office shall file semiannual reports until the deficit is liquidated. [1991, c. 839, §22 (new).]




D. Candidates who collect funds subsequent to an election for purposes other than retiring campaign debt shall register with the commission pursuant to section 1013-A. [1991, c. 839, §22 (new).]

[1991, c. 839, §22 (new).]


10. Electronic filing. Beginning January 1, 2006, the treasurer of a candidate or committee that has receipts or expects to have receipts of more than $1,500 shall file each report required by this section through an electronic filing system developed by the commission. The commission may make an exception to this electronic filing requirement if a candidate or committee submits a written request that states that the candidate or committee lacks access to the technology or the technological ability to file reports electronically. The request for an exception must be submitted by April 15th of the election year. The commission shall grant all reasonable requests for exceptions. [2005, c. 301, §17 (new).]


Section History:
PL 1985,
Ch. 161,
§6 (NEW).
PL 1985,
Ch. 383,
§14 (AMD).
PL 1985,
Ch. 566,
§1,2 (AMD).
PL 1987,
Ch. 726,
§1,2 (AMD).
PL 1989,
Ch. 166,
§10 (AMD).
PL 1989,
Ch. 504,
§11-17,31 (AMD).
PL 1989,
Ch. 833,
§2-7,21 (AMD).
PL 1989,
Ch. 878,
§A49,50 (AMD).
PL 1991,
Ch. 839,
§14-22 (AMD).
PL 1991,
Ch. 839,
§34 (AFF).
IB 1995,
Ch. 1,
§12 (AMD).
PL 1995,
Ch. 193,
§1-3 (AMD).
PL 1995,
Ch. 483,
§7,8 (AMD).
RR 1995,
Ch. 2,
§36 (COR).
PL 1999,
Ch. 157,
§1 (AMD).
PL 1999,
Ch. 729,
§4 (AMD).
PL 2001,
Ch. 470,
§6 (AMD).
PL 2001,
Ch. 589,
§1,2 (AMD).
RR 2001,
Ch. 1,
§25 (COR).
PL 2003,
Ch. 628,
§B1-3 (AMD).
PL 2005,
Ch. 301,
§13-17 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1018-B. Recounts of elections

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 2: REPORTS ON CAMPAIGNS FOR OFFICE

§1018-B. Recounts of elections

1. Reporting. Candidates who are involved in a recount of an election shall file a report 90 days after the election containing itemized accounts of cash, goods and services received for the recount and payments made by the candidate for the recount. The reports must be made on forms prepared and sent by the commission. Persons donating services to the candidate are required to provide the candidate with an estimate of the value of the services donated. Political action committees and party committees making expenditures for a candidate's recount shall identify on their regularly filed reports that the expenditures were made for the purposes of a recount. [2005, c. 301, §21 (new).]


2. Limitations. Candidates may receive donations without limitation for purposes of a recount from party committees and caucus campaign committees and from attorneys, consultants and their firms that are donating their services without reimbursement. Candidates may not spend revenues received under chapter 14 for recount expenditures. [2005, c. 301, §21 (new).]


Section History:
PL 2005,
Ch. 301,
§21 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1018. Reports by party committees

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 2: REPORTS ON CAMPAIGNS FOR OFFICE

§1018. Reports by party committees

1. State committee; federal reports. The state committee of each party shall file with the commission a copy of the complete report required of them under federal law on the same date that those reports are required to be filed under federal law. [1985, c. 161, §6 (new).]


2. Party committee. [IB 1995, c. 1, §13 (rp).]


Section History:
PL 1985,
Ch. 161,
§6 (NEW).
PL 1989,
Ch. 504,
§18,31 (AMD).
PL 1989,
Ch. 833,
§8,21 (AMD).
IB 1995,
Ch. 1,
§13 (AMD).
PL 1995,
Ch. 483,
§11 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1019-A. Reports of membership communications

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 2: REPORTS ON CAMPAIGNS FOR OFFICE

§1019-A. Reports of membership communications

Any membership organization or corporation that makes a communication to its members or stockholders expressly advocating the election or defeat of a clearly identified candidate shall report any expenses related to such communications aggregating in excess of $50 in any one candidate's election race, notwithstanding the fact that such communications are not expenditures under section 1012, subsection 3, paragraph A. Reports required by this section must be filed with the commission on forms prescribed and prepared by the commission and according to a reporting schedule that the commission shall establish by rule. [2001, c. 465, §2 (new).]

Section History:
PL 2001,
Ch. 465,
§2 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1019-B. Reports of independent expenditures

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 2: REPORTS ON CAMPAIGNS FOR OFFICE

§1019-B. Reports of independent expenditures

1. Independent expenditures; definition. For the purposes of this section, an "independent expenditure":



A. Is any expenditure made by a person, party committee, political committee or political action committee, other than by contribution to a candidate or a candidate's authorized political committee, for any communication that expressly advocates the election or defeat of a clearly identified candidate; and [2003, c. 448, §3 (new).]




B. Is presumed in races involving a candidate who is certified as a Maine Clean Election Act candidate under section 1125, subsection 5 to be any expenditure made to design, produce or disseminate a communication that names or depicts a clearly identified candidate and is disseminated during the 21 days, including election day, before a primary election; the 21 days, including election day, before a general election; or during a special election until and on election day. [2003, c. 448, §3 (new).]

[2003, c. 448, §3 (new).]


2. Rebutting presumption. A person presumed under this section to have made an independent expenditure may rebut the presumption by filing a signed written statement with the commission within 48 hours of making the expenditure stating that the cost was not incurred with the intent to influence the nomination, election or defeat of a candidate, supported by any additional evidence the person chooses to submit. The commission may gather any additional evidence it deems relevant and material and must determine by a preponderance of the evidence whether the cost was incurred with intent to influence the nomination, election or defeat of a candidate. [2003, c. 448, §3 (new).]


3. Report required; content; rules. A person, party committee, political committee or political action committee that makes independent expenditures aggregating in excess of $100 during any one candidate's election shall file a report with the commission. In the case of a municipal election, a copy of the same information must be filed with the municipal clerk.



A. A report required by this subsection must be filed with the commission according to a reporting schedule that the commission shall establish by rule that takes into consideration existing campaign finance reporting requirements and matching fund provisions under chapter 14. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. [2003, c. 448, §3 (new).]




B. A report required by this subsection must contain an itemized account of each contribution or expenditure aggregating in excess of $100 in any one candidate's election, the date and purpose of each contribution or expenditure and the name of each payee or creditor. The report must state whether the contribution or expenditure is in support of or in opposition to the candidate and must include, under penalty of perjury, as provided in Title 17-A, section 451, a statement under oath or affirmation whether the contribution or expenditure is made in cooperation, consultation or concert with, or at the request or suggestion of, the candidate or an authorized committee or agent of the candidate. [2003, c. 448, §3 (new).]




C. A report required by this subsection must be on a form prescribed and prepared by the commission. A person filing this report may use additional pages if necessary, but the pages must be the same size as the pages of the form. [2003, c. 448, §3 (new).]

[2003, c. 448, §3 (new).]


Section History:
PL 2003,
Ch. 448,
§3 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1019. Reports of independent expenditures (REPEALED)

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 2: REPORTS ON CAMPAIGNS FOR OFFICE

§1019. Reports of independent expenditures (REPEALED)



Section History:
PL 1985,
Ch. 161,
§6 (NEW).
PL 1989,
Ch. 504,
§19,31 (AMD).
PL 1989,
Ch. 833,
§9,10,21 (AMD).
IB 1995,
Ch. 1,
§14 (RPR).
PL 1995,
Ch. 483,
§12,13 (AMD).
PL 2001,
Ch. 465,
§1 (AMD).
PL 2003,
Ch. 448,
§2 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1020-A. Failure to file on time

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 2: REPORTS ON CAMPAIGNS FOR OFFICE

§1020-A. Failure to file on time

1. Registration. A candidate that fails to register the name of a candidate, treasurer or political committee with the commission within the time allowed by section 1013-A, subsection 1 may be assessed a forfeiture of $10. The commission shall determine whether a registration satisfies the requirements for timely filing under section 1013-A, subsection 1. [1995, c. 483, §15 (new).]


2. Campaign finance reports. A campaign finance report is not timely filed unless a properly signed copy of the report, substantially conforming to the disclosure requirements of this subchapter, is received by the commission before 5 p.m. on the date it is due. Except as provided in subsection 7, the commission shall determine whether a report satisfies the requirements for timely filing. The commission may waive a penalty if the commission determines that the penalty is disproportionate to the size of the candidate's campaign, the level of experience of the candidate, treasurer or campaign staff or the harm suffered by the public from the late disclosure. The commission may waive the penalty in whole or in part if the commission determines the failure to file a timely report was due to mitigating circumstances. For purposes of this section, "mitigating circumstances" means:



A. A valid emergency determined by the commission, in the interest of the sound administration of justice, to warrant the waiver of the penalty in whole or in part; [1999, c. 729, §5 (amd).]




B. An error by the commission staff; [1999, c. 729, §5 (amd).]




C. Failure to receive notice of the filing deadline; or [1999, c. 729, §5 (amd).]




D. Other circumstances determined by the commission that warrant mitigation of the penalty, based upon relevant evidence presented that a bona fide effort was made to file the report in accordance with the statutory requirements, including, but not limited to, unexplained delays in postal service. [1999, c. 729, §5 (new).]

[2003, c. 628, Pt. A, §3 (amd).]


3. Municipal campaign finance reports. Municipal campaign finance reports must be filed, subject to all the provisions of this subchapter, with the municipal clerk on forms prescribed by the Commission on Governmental Ethics and Election Practices. The municipal clerk shall send any notice of lateness required by subsection 6 and shall notify the commission of any late reports subject to a penalty. [1995, c. 625, Pt. B, §5 (amd).]


4. Basis for penalties. [2001, c. 470, §7 (amd); T. 21-A, §1020-A, sub-§4 (rp).]


4-A. Basis for penalties. The penalty for late filing of a report required under this subchapter, except for accelerated campaign finance reports required pursuant to section 1017, subsection 3-B, is a percentage of the total contributions or expenditures for the filing period, whichever is greater, multiplied by the number of calendar days late, as follows:



A. For the first violation, 1%; [2001, c. 714, Pt. PP, §1 (new); §2 (aff).]




B. For the 2nd violation, 3%; and [2001, c. 714, Pt. PP, §1 (new); §2 (aff).]




C. For the 3rd and subsequent violations, 5%. [2001, c. 714, Pt. PP, §1 (new); §2 (aff).]

Any penalty of less than $5 is waived. Violations accumulate on reports with filing deadlines in a 2-year period that begins on January 1st of each even-numbered year. Waiver of a penalty does not nullify the finding of a violation. A report required to be filed under this subchapter that is sent by certified or registered United States mail and postmarked at least 2 days before the deadline is not subject to penalty. A registration or report may be provisionally filed by transmission of a facsimile copy of the duly executed report to the commission, as long as an original of the same report is received by the commission within 5 calendar days thereafter. The penalty for late filing of an accelerated campaign finance report as required in section 1017, subsection 3-B may be up to but no more than 3 times the amount by which the contributions received or expenditures obligated or made by the candidate exceed the applicable Maine Clean Election Fund disbursement amount, per day of violation. The commission shall make a finding of fact establishing when the report was due prior to imposing a penalty under this subsection. A penalty for failure to file an accelerated campaign finance report must be made payable to the Maine Clean Election Fund. In assessing a penalty for failure to file an accelerated campaign finance report, the commission shall consider the existence of mitigating circumstances. For the purposes of this subsection, "mitigating circumstances" has the same meaning as in subsection 2. [2001, c. 714, Pt. PP, §1 (new); §2 (aff).]


5. Maximum penalties. [2001, c. 470, §8 (amd); T. 21-A, §1020-A, sub-§5 (rp).]


5-A. Maximum penalties. Penalties assessed under this subchapter may not exceed:



A. Five thousand dollars for reports required under section 1017, subsection 2, paragraph B, C, D, E or H; section 1017, subsection 3-A, paragraph B, C, D or F; section 1017, subsection 4; and section 1019-B, subsection 3; [2003, c. 448, §4 (amd).]




B. Five thousand dollars for state party committee reports required under section 1017-A, subsection 4-A, paragraphs A, B, C and E; [2003, c. 628, Pt. A, §4 (amd).]




C. One thousand dollars for reports required under section 1017, subsection 2, paragraphs A and F and section 1017, subsection 3-A, paragraphs A and E; [2003, c. 628, Pt. A, §4 (amd).]




D. Five hundred dollars for municipal, district and county committees for reports required under section 1017-A, subsection 4-B; or [2003, c. 628, Pt. A, §4 (amd).]




E. Three times the unreported amount for reports required under section 1017, subsection 3-B, if the unreported amount is less than $5,000 and the commission finds that the candidate in violation has established, by a preponderance of the evidence, that a bona fide effort was made to file an accurate and timely report. [2001, c. 714, Pt. PP, §1 (new); §2 (aff).]

[2003, c. 628, Pt. A, §4 (amd).]


6. Request for a commission determination. Within 3 days following the filing deadline, a notice must be forwarded to a candidate and treasurer whose registration or campaign finance report is not received by 5 p.m. on the deadline date, informing them of the basis for calculating penalties under subsection 4 and providing them with an opportunity to request a commission determination. The notice must be sent by certified United States mail. Any request for a determination must be made within 10 calendar days of receipt of the commission's notice. The 10-day period during which a determination may be requested begins on the day a recipient signs for the certified mail notice of the proposed penalty. If the certified letter is refused or left unclaimed at the post office, the 10-day period begins on the day the post office indicates it has given first notice of a certified letter. A candidate or treasurer requesting a determination may either appear in person or designate a representative to appear on the candidate's or treasurer's behalf or submit a notarized written explanation of the mitigating circumstances for consideration by the commission. [RR 1995, c. 2, §38 (cor).]


7. Final notice of penalty. After a commission meeting, notice of the commission's final determination and the penalty, if any, imposed pursuant to this subchapter must be sent to the candidate and the treasurer. If no determination is requested, the commission staff shall calculate the penalty as prescribed in subsection 4-A and shall mail final notice of the penalty to the candidate and treasurer. A detailed summary of all notices must be provided to the commission. [RR 2003, c. 1, §14 (cor).]


8. Failure to file report. The commission shall notify a candidate who has failed to file a report required by this subchapter, in writing, informing the candidate of the requirement to file a report. If a candidate fails to file a report after 3 written communications from the commission, the commission shall send up to 2 more written communications by certified mail informing the candidate of the requirement to file and that the matter may be referred to the Attorney General for criminal prosecution. A candidate who fails to file a report as required by this subchapter after the commission has sent the communications required by this subsection is guilty of a Class E crime. [2003, c. 628, Pt. A, §5 (rpr).]


8-A. Penalties for failure to file report. The penalty for failure to file a report required under this subchapter may not exceed the maximum penalties as provided in subsection 5-A. [2003, c. 628, Pt. A, §6 (new).]


9. List of late-filing candidates. The commission shall prepare a list of the names of candidates who are late in filing a report required under section 1017, subsection 2, paragraph C or D or section 1017, subsection 3-A, paragraph B or C within 30 days of the date of the election and shall make that list available for public inspection. [1995, c. 483, §15 (new).]


10. Enforcement. The commission staff has the responsibility for collecting the full amount of any penalty and has all necessary powers to carry out this responsibility. Failure to pay the full amount of any penalty levied under this subchapter is a civil violation by the candidate, treasurer, political party or other person whose campaign finance activities are required by this subchapter to be reported. Thirty days after issuing the notice of penalty, the commission shall report to the Attorney General the name of any person who has failed to pay the full amount of any penalty. The Attorney General shall enforce the violation in a civil action to collect the full outstanding amount of the penalty. This action must be brought in the Superior Court for Kennebec County or the District Court, 7th District, Division of Southern Kennebec. [1999, c. 426, §33 (amd).]


Section History:
MRSA ,

§T.21A,SEC.1020A4,5 (AMD).
IB 1995,
Ch. 1,
§15 (AMD).
PL 1995,
Ch. 483,
§15 (NEW).
PL 1995,
Ch. 625,
§B5 (AMD).
RR 1995,
Ch. 1,
§10 (COR).
RR 1995,
Ch. 2,
§38 (COR).
PL 1999,
Ch. 426,
§32,33 (AMD).
PL 1999,
Ch. 729,
§5 (AMD).
PL 2001,
Ch. 470,
§11 (AFF).
PL 2001,
Ch. 470,
§7,8 (AMD).
PL 2001,
Ch. 714,
§PP1 (AMD).
PL 2001,
Ch. 714,
§PP2 (AFF).
PL 2003,
Ch. 302,
§4 (AMD).
PL 2003,
Ch. 448,
§4 (AMD).
PL 2003,
Ch. 628,
§A3-6 (AMD).
RR 2003,
Ch. 1,
§14 (COR).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1020. Failure to file on time (REPEALED)

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 2: REPORTS ON CAMPAIGNS FOR OFFICE

§1020. Failure to file on time (REPEALED)



Section History:
PL 1985,
Ch. 161,
§6 (NEW).
PL 1989,
Ch. 504,
§20,31 (RPR).
PL 1989,
Ch. 833,
§11,21 (AMD).
PL 1991,
Ch. 839,
§24,25 (AMD).
PL 1995,
Ch. 228,
§2 (AMD).
PL 1995,
Ch. 483,
§14 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1031. Application (REPEALED)

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 3: REPORTS ON REFERENDUM CAMPAIGNS

§1031. Application (REPEALED)



Section History:
PL 1985,
Ch. 161,
§6 (NEW).
PL 1985,
Ch. 614,
§24 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1032. Definitions (REPEALED)

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 3: REPORTS ON REFERENDUM CAMPAIGNS

§1032. Definitions (REPEALED)



Section History:
PL 1985,
Ch. 161,
§6 (NEW).
PL 1985,
Ch. 614,
§24 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1033. Committee (REPEALED)

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 3: REPORTS ON REFERENDUM CAMPAIGNS

§1033. Committee (REPEALED)



Section History:
PL 1985,
Ch. 161,
§6 (NEW).
PL 1985,
Ch. 614,
§24 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1034. Publication or distribution of statements (REPEALED)

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 3: REPORTS ON REFERENDUM CAMPAIGNS

§1034. Publication or distribution of statements (REPEALED)



Section History:
PL 1985,
Ch. 161,
§6 (NEW).
PL 1985,
Ch. 614,
§24 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1035. Records (REPEALED)

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 3: REPORTS ON REFERENDUM CAMPAIGNS

§1035. Records (REPEALED)



Section History:
PL 1985,
Ch. 161,
§6 (NEW).
PL 1985,
Ch. 614,
§24 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1036. Reports (REPEALED)

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 3: REPORTS ON REFERENDUM CAMPAIGNS

§1036. Reports (REPEALED)



Section History:
PL 1985,
Ch. 161,
§6 (NEW).
PL 1985,
Ch. 383,
§15 (AMD).
PL 1985,
Ch. 614,
§24 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1037. Failure to file report on time (REPEALED)

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 3: REPORTS ON REFERENDUM CAMPAIGNS

§1037. Failure to file report on time (REPEALED)



Section History:
PL 1985,
Ch. 161,
§6 (NEW).
PL 1985,
Ch. 614,
§24 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1051. Application

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 4: REPORTS BY POLITICAL ACTION COMMITTEES

§1051. Application

This subchapter applies to the activities of political action committees organized in and outside this State that accept contributions, incur obligations or make expenditures in an aggregate amount in excess of $50 in any one calendar year for the election of state, county or municipal officers, or for the support or defeat of any campaign, as defined in this subchapter. [1995, c. 483, §16 (amd).] div>
This subchapter does not apply to any broadcast time concerning any referendum campaign, as defined in section 1, subsection 36, which is provided by a broadcaster in accordance with the requirements of the Federal Communications Act, United States Code, Title 47, Section 315, generally referred to as the "Fairness Doctrine." [1987, c. 280 (new).]

Section History:
PL 1985,
Ch. 161,
§6 (NEW).
PL 1987,
Ch. 280,
§ (AMD).
PL 1989,
Ch. 833,
§12 (AMD).
PL 1991,
Ch. 839,
§26 (AMD).
PL 1991,
Ch. 839,
§33 (AFF).
PL 1995,
Ch. 483,
§16 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1052. Definitions

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 4: REPORTS BY POLITICAL ACTION COMMITTEES

§1052. Definitions

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [1985, c. 161, §6 (new).]

1. Campaign. "Campaign" means any course of activities for a specific purpose such as the initiation, promotion or defeat of a candidate or question, including:



A. The referendum procedure under the Constitution of Maine, Article IV, Part Third, Section 17; [1985, c. 161, §6 (new).]




B. The initiative procedure under the Constitution of Maine, Article IV, Part Third, Section 18; [1985, c. 161, §6 (new).]




C. An amendment to the Constitution of Maine under Article X, Section 4; [1985, c. 161, §6 (new).]




D. Legislation expressly conditioned upon ratification by a referendum vote under the Constitution of Maine, Article IV, Part Third, Section 19; [1989, c. 504, §§21, 31 (amd).]




E. The ratification of the issue of bonds by the State or any agency thereof; and [1989, c. 504, §§21, 31 (amd).]




F. Any county or municipal referendum. [1995, c. 483, §17 (amd).]

[1995, c. 483, §17 (amd).]


2. Committee. "Committee" means any political action committee, as defined in this subchapter, and includes any agent of a political committee. [1985, c. 161, §6 (new).]


3. Contribution. "Contribution" includes:



A. A gift, subscription, loan, advance or deposit of money or anything of value made to a political action committee, except that a loan of money by a financial institution made in accordance with applicable banking laws and regulations and in the ordinary course of business is not included; [1985, c. 161, §6 (new).]




B. A contract, promise or agreement, expressed or implied whether or not legally enforceable, to make a contribution to a political action committee; [1985, c. 161, §6 (new).]




C. Any funds received by a political action committee which are to be transferred to any candidate, committee, campaign or organization for the purpose of promoting, defeating or initiating a candidate, referendum, political party or initiative in this State; or [1985, c. 161, §6 (new).]




D. The payment, by any person or organization, of compensation for the personal services of other persons provided to a political action committee which is used by the political action committee to promote, defeat or initiate a candidate, campaign political party, referendum or initiated petition in this State. [1985, c. 161, §6 (new).]

[1985, c. 161, §6 (new).]


4. Expenditure. The term "expenditure:"



A. Includes:

(1) A purchase, payment, distribution, loan, advance, deposit or gift of money or anything of value, made for the purpose of influencing the nomination or election of any person to political office; or for the initiation, support or defeat of a campaign, referendum or initiative in this State;


(2) A contract, promise or agreement, expressed or implied, whether or not legally enforceable, to make any expenditure for the purposes set forth in this paragraph; and


(3) The transfer of funds by a political action committee to another candidate or political committee; and
[1997, c. 683, Pt. A, §12 (amd).]




B. Does not include:

(1) Any news story, commentary or editorial distributed through the facilities of any broadcasting station, newspaper, magazine or other periodical publication, unless these facilities are owned or controlled by any political party, political committee or candidate;


(2) Activity designed to encourage individuals to register to vote or to vote, if that activity or communication does not mention a clearly identified candidate;


(3) Any communication by any membership organization or corporation to its members or stockholders, if that membership organization or corporation is not organized primarily for the purpose of influencing the nomination or election of any person to state or county office;


(4) The use of real or personal property and the cost of invitations, food and beverages, voluntarily provided by a political action committee in rendering voluntary personal services for candidate-related activities, if the cumulative value of these activities by the political action committee on behalf of any candidate does not exceed $100 with respect to any election;


(5) Any unreimbursed travel expenses incurred and paid for by a political action committee that volunteers personal services to a candidate, if the cumulative amount of these expenses does not exceed $100 with respect to any election; and


(6) Any communication by any political action committee member that is not made for the purpose of influencing the nomination for election, or election, of any person to state or county office.
[2005, c. 301, §22 (amd).]

[2005, c. 301, §22 (amd).]


5. Political action committee. The term "political action committee:"



A. Includes:

(1) Any separate or segregated fund established by any corporation, membership organization, cooperative or labor organization whose purpose is to influence the outcome of an election, including a candidate or question;


(2) Any person who serves as a funding and transfer mechanism and spends money to initiate, advance, promote, defeat or influence in any way a candidate, campaign, political party, referendum or initiated petition in this State;


(3) Any organization, including any corporation or association, that has as its major purpose advocating the passage or defeat of a ballot question and that makes expenditures other than by contribution to a political action committee, for the purpose of the initiation, promotion or defeat of any question; and


(4) Any organization, including any corporation or association, that has as its major purpose advocating the passage or defeat of a ballot question and that solicits funds from members or nonmembers and spends more than $1,500 in a calendar year to initiate, advance, promote, defeat or influence in any way a candidate, campaign, political party, referendum or initiated petition in this State; and
[1999, c. 729, §6 (amd).]




B. Does not include:

(1) A candidate or a candidate's treasurer under section 1013-A, subsection 1;


(2) A candidate's authorized political committee under section 1013-A, subsection 2; or


(3) A party committee under section 1013-A, subsection 3.
[1989, c. 833, §13 (amd); §21 (aff).]

[1999, c. 729, §6 (amd).]


Section History:
PL 1985,
Ch. 161,
§6 (NEW).
PL 1985,
Ch. 614,
§23 (AMD).
PL 1989,
Ch. 504,
§21-23,31 (AMD).
PL 1989,
Ch. 833,
§13,21 (AMD).
PL 1991,
Ch. 839,
§27 (AMD).
PL 1991,
Ch. 839,
§33 (AFF).
PL 1995,
Ch. 483,
§17 (AMD).
PL 1997,
Ch. 683,
§A12 (AMD).
PL 1999,
Ch. 729,
§6 (AMD).
PL 2005,
Ch. 301,
§22 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1053. Registration

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 4: REPORTS BY POLITICAL ACTION COMMITTEES

§1053. Registration

Every political action committee that accepts contributions, incurs obligations or makes expenditures in the aggregate in excess of $1,500 in any single calendar year to initiate, support, defeat or influence in any way a campaign, referendum, initiated petition, candidate, political committee or another political action committee must register with the commission, within 7 days of accepting those contributions, incurring those obligations or making those expenditures, on forms prescribed by the commission. These forms must include the following information and any additional information reasonably required by the commission to monitor the activities of political action committees in this State under this subchapter: [1999, c. 729, §7 (amd).]

1. Identification of committee. The names and mailing addresses of the committee, its treasurer, its principal officers and the identity of any candidates, Legislators or other individuals who are the primary fund-raisers and decision makers for the committee; [2005, c. 301, §23 (amd).]


2. Status. A statement whether the political action committee is a continuing one; [1985, c. 161, §6 (new).]


3. Depository of funds. The names and addresses of the depositories in which funds of the committee are kept and the account numbers of each depository account; [1985, c. 161, §6 (new).]


4. Form of organization. The form or structure of organization, including cooperatives, corporations, voluntary associations, partnerships or any other structure by which the committee functions. The date of origin or incorporation must also be specified; [1985, c. 161, §6 (new).]


5. Assets. The total assets of the committee available to influence elections in this State at the time of registration to be itemized and to include deposits in financial institutions, real property, personal property, investments, cash and any other form of wealth available to the committee; [1985, c. 161, §6 (new).]


6. Statement of support or opposition. A statement indicating the positions of the committee, support or opposition, with respect to a candidate, political committee, referendum, initiated petition or campaign, if known at the time of registration. If a committee has no position on a candidate, campaign or issue at the time of registration, the committee must inform the commission as soon as the committee knows this information; and [1985, c. 161, §6 (new).]


7. Contributions to committee. The names and mailing addresses of contributors who donate in excess of $50 each year to the committee with amount or value of each contribution at the time of registration. Any person who makes contributions on an installment basis, the total of which exceeds $50 in the calendar year, is considered a contributor to be identified under this subsection. [1985, c. 161, §6 (new).]
div>
Every change in information required by this section must be included in an amended registration form submitted to the commission within 10 days of the date of the change. The committee must file an updated registration form every 2 years between January 1st and March 1st of an election year. [2005, c. 301, §24 (new).]

Section History:
PL 1985,
Ch. 161,
§6 (NEW).
PL 1989,
Ch. 504,
§24,25,31 (AMD).
PL 1989,
Ch. 833,
§14 (AMD).
PL 1995,
Ch. 167,
§1 (AMD).
PL 1999,
Ch. 729,
§7 (AMD).
PL 2005,
Ch. 301,
§23,24 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1054. Appointment of treasurer

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 4: REPORTS BY POLITICAL ACTION COMMITTEES

§1054. Appointment of treasurer

Any political action committee required to register under section 1053 must appoint a treasurer before making any expenditure, as defined in this chapter. The treasurer shall retain, for a minimum of 4 years, all receipts, including cancelled checks, of expenditures made in support of or in opposition to a campaign, political committee, political action committee, referendum or initiated petition in this State. [1985, c. 161, §6 (new).]

Section History:
PL 1985,
Ch. 161,
§6 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1055. Publication or distribution of statements

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 4: REPORTS BY POLITICAL ACTION COMMITTEES

§1055. Publication or distribution of statements

When a political action committee makes an expenditure to finance a communication expressly advocating the election or defeat of a candidate through broadcasting stations, newspapers, magazines, outdoor advertising facilities, direct mails and other similar types of general public political advertising and through flyers, handbills, bumper stickers and other nonperiodical publications, the communication must clearly and conspicuously state the name and address of the political action committee that authorized, made or financed the expenditure for the communication and that the communication has been authorized by the political action committee. [2001, c. 430, §9 (amd).] div>
A person operating a broadcasting station within this State may not broadcast any such communication without an oral or visual announcement of the name and address of the political action committee that made or financed the expenditure for the communication. [2003, c. 615, §2 (amd).] div>
A newspaper may not publish a communication described in this section without including the disclosure required by this section. For purposes of this paragraph, "newspaper" includes any printed material intended for general circulation or to be read by the general public. When necessary, a newspaper may seek the advice of the commission regarding whether or not the communication requires the disclosure. [2005, c. 308, §2 (new).] div>
An expenditure, communication or broadcast that results in a violation of this section may result in a civil penalty of no more than $200. Enforcement and collection procedures must be in accordance with section 1062-A. [2001, c. 430, §9 (amd).]

Section History:
PL 1985,
Ch. 161,
§6 (NEW).
PL 1989,
Ch. 504,
§26,31 (AMD).
PL 1993,
Ch. 352,
§5 (AMD).
PL 1995,
Ch. 483,
§18 (AMD).
PL 1997,
Ch. 436,
§119 (AMD).
PL 2001,
Ch. 430,
§9 (AMD).
PL 2003,
Ch. 615,
§2 (AMD).
PL 2005,
Ch. 308,
§2 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1056-A. Expenditures by political action committees

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 4: REPORTS BY POLITICAL ACTION COMMITTEES

§1056-A. Expenditures by political action committees

A political action committee shall report all expenditures in cash or in kind made by the committee. [1993, c. 715, §3 (new).]

Section History:
PL 1993,
Ch. 715,
§3 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1056-B. Reports of contributions and expenditures by persons

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 4: REPORTS BY POLITICAL ACTION COMMITTEES

§1056-B. Reports of contributions and expenditures by persons

Any person not defined as a political committee who solicits and receives contributions or makes expenditures, other than by contribution to a political action committee, aggregating in excess of $1,500 for the purpose of initiating, promoting, defeating or influencing in any way a ballot question must file a report with the commission. In the case of a municipal election, a copy of the same information must be filed with the clerk of that municipality. [1999, c. 729, §8 (new).]

1. Filing requirements. A report required by this section must be filed with the commission according to a reporting schedule that the commission shall establish that takes into consideration existing campaign finance reporting schedule requirements in section 1059. [1999, c. 729, §8 (new).]


2. Content. A report must contain an itemized account of each contribution received and expenditure made aggregating in excess of $100 in any election; the date of each contribution; the date and purpose of each expenditure; and the name of each contributor, payee or creditor. Total contributions or expenditures of less than $500 in any election need not be itemized. The report must state whether the purpose for receiving contributions and making expenditures is in support of or in opposition to the ballot question. [1999, c. 729, §8 (new).]


3. Forms. A report required by this section must be on a form prescribed and prepared by the commission. A person filing this report may use additional pages if necessary, but the pages must be the same size as the pages of the form. [1999, c. 729, §8 (new).]


Section History:
PL 1999,
Ch. 729,
§8 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1056. Expenditure limitations

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 4: REPORTS BY POLITICAL ACTION COMMITTEES

§1056. Expenditure limitations

Any committee required to register under this chapter shall comply with the following expenditure limitations. [1985, c. 161, §6 (new).]

1. Aggregate expenditures. A committee may not make contributions in support of the candidacy of one person aggregating more than $500 in any election for a gubernatorial candidate, or $250 in any election for any other candidate. [2001, c. 430, §10 (amd).]


2. Prohibited expenditures. No committee may make any expenditure for liquor to be distributed to or consumed by voters while the polls are open on election day. [1985, c. 161, §6 (new).]


Section History:
PL 1985,
Ch. 161,
§6 (NEW).
IB 1995,
Ch. 1,
§16 (AMD).
PL 2001,
Ch. 430,
§10 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1057. Records

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 4: REPORTS BY POLITICAL ACTION COMMITTEES

§1057. Records

Any political action committee that makes expenditures which aggregate in excess of $50 to any one or more candidates, committees or campaigns in this State shall keep records as provided in this section. Records required to be kept under subsections 1, 2 and 3 shall be retained by the political action committee until 10 days after the next election following the election to which the records pertain. [1985, c. 161, §6 (new).]

1. Details of records. The treasurer of a political action committee must record a detailed account of:



A. All expenditures made to or in behalf of a candidate, campaign or committee; [1985, c. 161, §6 (new).]




B. The identity and address of each candidate, campaign or committee; [1985, c. 161, §6 (new).]




C. The office sought by a candidate and the district he seeks to represent, for candidates which a political action committee has made an expenditure to or in behalf of; and [1985, c. 161, §6 (new).]




D. The date of each expenditure. [1985, c. 161, §6 (new).]

[1985, c. 161, §6 (new).]


2. Receipts. The treasurer of a political action committee must retain all receipts of expenditures made for a candidate, committee or campaign in this State. Receipts may be in the form of cancelled checks. [1985, c. 161, §6 (new).]


3. Record of contributions. The treasurer of a political action committee must keep a record of all contributions to the committee, by name and mailing address, of each donor and the amount and date of the contribution. This provision does not apply to contributions which do not exceed $50 each for a general election, primary election and referendum campaign. When any donor's contributions to a political action committee exceed $50, the record must include the aggregate amount of all contributions from that donor. [1989, c. 504, §§27, 31 (amd).]


Section History:
PL 1985,
Ch. 161,
§6 (NEW).
PL 1989,
Ch. 504,
§27,31 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1058. Reports; qualifications for filing

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 4: REPORTS BY POLITICAL ACTION COMMITTEES

§1058. Reports; qualifications for filing

A political action committee that is registered with the commission or that accepts contributions or incurs obligations in an aggregate amount in excess of $50 on any one or more campaigns for the office of Governor, for state or county office or for the support or defeat of a referendum or initiated petition shall file a report on its activities in that campaign with the commission on forms as prescribed by the commission. A political action committee organized in this State required under this section to file a report shall file the report for each filing period under section 1059. A political action committee organized outside this State shall file with the Commission on Governmental Ethics and Election Practices of this State a copy of the report that the political action committee is required to file in the state in which the political action committee is organized. The political action committee shall file the copy only if it has expended funds or received contributions or made expenditures in this State. The copy of the report must be filed in accordance with the schedule of filing in the state where it is organized. If contributions or expenditures are made relating to a municipal office or referendum, the report must be filed with the clerk in the subject municipality. Any person or organization organized to oppose a question to be voted on by the electorate at referendum shall report, within 10 days following the drafting of the question by the Secretary of State and prior to the distribution of any petitions for voter signatures pursuant to chapter 11, to the commission as required in this section and sections 1059 and 1060. [1997, c. 567, §1 (amd).]

Section History:
PL 1985,
Ch. 161,
§6 (NEW).
PL 1989,
Ch. 833,
§15 (AMD).
PL 1991,
Ch. 839,
§28 (AMD).
PL 1993,
Ch. 715,
§4 (AMD).
PL 1995,
Ch. 483,
§19 (AMD).
PL 1997,
Ch. 567,
§1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1059. Report; filing requirements

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 4: REPORTS BY POLITICAL ACTION COMMITTEES

§1059. Report; filing requirements

Committees required to register under section 1053 shall file reports in compliance with this section. All reports must be filed no later than 5 p.m. on the filing deadline. [1989, c. 504, §§28, 31 (rpr).]

1. Contents; quarterly reports and election year reports. The reports required under subsection 2, paragraphs A, B and C, must contain the following:



A. Itemized expenditures required by the commission to closely monitor the activities of political action committees; [1989, c. 504, §§28, 31 (rpr).]




B. Aggregate expenditures, listed by candidate or political committee, for the reporting period for which the report is filed; [1989, c. 504, §§28, 31 (rpr); c. 833, §16 (amd).]




B-1. Cumulative expenditures, listed by candidate or political committee, aggregating the expenditures made during preceding reporting periods in the same calendar year and during the reporting period for which the report is filed; [1989, c. 833, §17 (new).]




C. The total cumulative balance from all preceding reporting periods; and [1989, c. 504, §§28, 31 (rpr); c. 833, §18 (rpr).]




D. In the report required to be filed under subsection 2, paragraph B, subparagraph 2, a summary of all expenditures made during the calendar year in which the election was held. [1989, c. 833, §19 (new).]

The commission may accept computer printout sheets that contain the information required by this chapter. [1989, c. 504, §§28, 31 (rpr); c. 833, §§16-19 (amd).]


2. Reporting schedule. Committees shall file reports according to the following schedule.



A. Quarterly reports shall be filed:

(1) On January 15th and must be complete as of January 5th;


(2) On April 10th and must be complete as of March 31st;


(3) On July 15th and must be complete as of July 5th; and


(4) On October 10th and must be complete as of September 30th.
[1989, c. 504, §§28, 31 (new).]




B. General and primary election reports shall be filed:

(1) On the 6th day before the date on which the election is held and must be complete as of the 12th day before that date; and


(2) On the 42nd day after the date on which the election is held and must be complete as of the 35th day after that date.
[1989, c. 504, §§28, 31 (new).]




C. Reports of spending to influence special elections, referenda, initiatives, bond issues or constitutional amendments shall be filed:

(1) On the 6th day before the date on which the election is held and must be complete as of the 12th day before that date; and


(2) On the 42nd day after the date on which the election is held and must be complete as of the 35th day after that date.
[1989, c. 504, §§28, 31 (new).]




D. A committee that files an election report under paragraph B or C is not required to file a quarterly report when the deadline for that quarterly report falls within 10 days of the filing deadline established in paragraph B or C. [1991, c. 839, §29 (rpr).]




E. A committee shall report any expenditure of $500 or more, made after the 12th day before the election and more than 24 hours before 5 p.m. on the day of the election, within 24 hours of that expenditure. [2005, c. 301, §25 (amd).]

[2005, c. 301, §25 (amd).]


3. Report of expenditures made after the 11th day and more than 48 hours before any election. [1989, c. 504, §§28, 31 (rp).]


4. Special election reports. [1989, c. 504, §§28, 31 (rp).]


5. Electronic filing. Beginning January 1, 2006, committees shall file each report required by this section through an electronic filing system developed by the commission. The commission may make an exception to this electronic filing requirement if a committee submits a written request that states that the committee lacks access to the technology or the technological ability to file reports electronically. The request for an exception must be submitted no later than March 1, 2006 or within 30 days of the registration of the committee, whichever is later. The commission shall grant all reasonable requests for exceptions. [2005, c. 301, §26 (new).]


Section History:
PL 1985,
Ch. 161,
§6 (NEW).
PL 1989,
Ch. 7,
§O6 (AMD).
PL 1989,
Ch. 504,
§28,31 (RPR).
PL 1989,
Ch. 833,
§16-20 (AMD).
PL 1991,
Ch. 839,
§29 (AMD).
PL 2003,
Ch. 628,
§B5 (AMD).
PL 2005,
Ch. 301,
§25,26 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1060. Content of reports

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 4: REPORTS BY POLITICAL ACTION COMMITTEES

§1060. Content of reports

The reports must contain the following information and any additional information required by the commission to monitor the activities of political action committees: [1985, c. 161, §6 (new).]

1. Identification of candidates. The names and mailing addresses of any candidate whom the committee supports, intends to support or seeks to defeat. The report must indicate the office that the candidate is seeking, the political party represented by the candidate, if any, the date of the contest and whether the contest is an election or a primary; [1985, c. 161, §6 (new).]


2. Identification of committees; parties. The names and mailing addresses of any political committee or political party supported in any way by the registrant; [1985, c. 161, §6 (new).]


3. Identification of referendum or initiated petition. The referendum or initiated petition which the committee supports or opposes and the names and mailing addresses of the organizations to which expenditures were made; [1985, c. 161, §6 (new).]


4. Itemized expenditures. An itemization of each expenditure made to support or oppose any candidate, campaign, political committee, political action committee, political party, referendum or initiated petition, including the date, payee and purpose of the expenditure and the address of the payee. If expenditures were made to a person described in section 1012, subsection 3, paragraph A, subparagraph (4), the report must contain the name of the person; the amount spent by that person on behalf of the candidate, campaign, political committee, political action committee, political party, referendum or initiated petition; the reason for the expenditure; and the date of the expenditure. The commission may specify the categories of expenditures that are to be reported to enable the commission to closely monitor the activities of political action committees; [2005, c. 301, §27 (amd).]


5. Aggregate expenditures. An aggregation of expenditures and cumulative aggregation of expenditures to a candidate, campaign, political committee, political action committee, referendum or initiated petition; [1991, c. 839, §30 (amd).]


6. Identification of contributions. Names, occupations, places of business and mailing addresses of contributors who have given more than $50 to the political committee after the committee has registered under section 1053, the amount contributed by each donor and the date of the contribution. The information already reported as required by section 1053, subsection 7 should not be duplicated; and [2003, c. 615, §4 (amd).]


7. Other expenditures. Operational expenses and other expenditures in cash or in kind that are not made on behalf of a candidate, committee or campaign. [1991, c. 839, §31 (new); §33 (aff).]


Section History:
PL 1985,
Ch. 161,
§6 (NEW).
PL 1991,
Ch. 839,
§30,31 (AMD).
PL 1991,
Ch. 839,
§33 (AFF).
PL 2003,
Ch. 615,
§3,4 (AMD).
PL 2005,
Ch. 301,
§27 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1061. Dissolution of committees

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 4: REPORTS BY POLITICAL ACTION COMMITTEES

§1061. Dissolution of committees

Whenever any political action committee disbands or determines that obligations will no longer be incurred and no expenditures will be made to any candidate, political committee or political party, or to initiate, support, defeat or influence in any way the outcome of a referendum, initiated petition, election or primary, and the committee has no outstanding obligations, the committee shall file a termination report with the Commission on Governmental Ethics and Election Practices. If a termination report is not filed, the committee shall continue to file periodic reports as required in this chapter. [1993, c. 695, §36 (amd).]

Section History:
PL 1985,
Ch. 161,
§6 (NEW).
PL 1993,
Ch. 695,
§36 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1062-A. Failure to file on time

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 4: REPORTS BY POLITICAL ACTION COMMITTEES

§1062-A. Failure to file on time

1. Registration. A political action committee required to register under section 1053 that fails to do so in accordance with section 1053 or that fails to provide the information required by the commission for registration may be assessed a forfeiture of $250. [1995, c. 483, §21 (new).]


2. Campaign finance reports. A campaign finance report is not timely filed unless a properly signed copy of the report, substantially conforming to the disclosure requirements of this subchapter, is received by the commission before 5 p.m. on the date it is due. Except as provided in subsection 6, the commission shall determine whether a required report satisfies the requirements for timely filing. The commission may waive a penalty if it is disproportionate to the level of experience of the person filing the report or to the harm suffered by the public from the late disclosure. The commission may waive the penalty in whole or in part if the commission determines the failure to file a timely report was due to mitigating circumstances. For purposes of this section, "mitigating circumstances" means:



A. A valid emergency of the committee treasurer determined by the commission, in the interest of the sound administration of justice, to warrant the waiver of the penalty in whole or in part; [1999, c. 729, §9 (amd).]




B. An error by the commission staff; or [1999, c. 729, §9 (amd).]




C. Other circumstances determined by the commission that warrant mitigation of the penalty, based upon relevant evidence presented that a bona fide effort was made to file the report in accordance with the statutory requirements, including, but not limited to, unexplained delays in postal service. [1999, c. 729, §9 (new).]

[2003, c. 628, Pt. A, §7 (amd).]


3. Basis for penalties. The penalty for late filing of a report required under this subchapter is a percentage of the total contributions or expenditures for the filing period, whichever is greater, multiplied by the number of calendar days late, as follows:



A. For the first violation, 1%; [1995, c. 483, §21 (new).]




B. For the 2nd violation, 3%; and [1995, c. 483, §21 (new).]




C. For the 3rd and subsequent violations, 5%. [1995, c. 483, §21 (new).]

Any penalty of less than $5 is waived. Violations accumulate on reports with filing deadlines in a 2-year period that begins on January 1st of each even-numbered calendar year. Waiver of a penalty does not nullify the finding of a violation. A report required to be filed under this subchapter that is sent by certified or registered United States mail and postmarked at least 2 days before the deadline is not subject to penalty. A required report may be provisionally filed by transmission of a facsimile copy of the duly executed report to the commission, as long as an original of the same report is received by the commission within 5 calendar days thereafter. [1995, c. 483, §21 (new).]


4. Maximum penalties. The maximum penalties under this subchapter are $10,000 for reports required under section 1059, subsection 2, paragraphs B, C and E and $5,000 for reports required under section 1059, subsection 2, paragraph A. [1995, c. 483, §21 (new).]


5. Request for a commission determination. Within 3 days following the filing deadline, a notice must be forwarded to the principal officer and treasurer of the political action committee whose report is not received by 5 p.m. on the deadline date, informing them of the basis for calculating penalties under subsection 3 and providing them with an opportunity to request a commission determination. The notice must be sent by certified United States mail. A request for determination must be made within 10 calendar days of receipt of the commission's notice. The 10-day period during which a determination may be requested begins on the day a recipient signs for the certified mail notice of the proposed penalty. If the certified letter is refused or left unclaimed at the post office, the 10-day period begins on the day the post office indicates it has given first notice of a certified letter. A principal officer or treasurer requesting a determination may either appear in person or designate a representative to appear on the principal officer's or treasurer's behalf or submit a notarized written explanation of the mitigating circumstances for consideration by the commission. [1995, c. 483, §21 (new).]


6. Final notice of penalty. After a commission meeting, notice of the final determination of the commission and the penalty, if any, imposed pursuant to this subchapter must be sent to the principal officer and the treasurer of the political action committee. If no determination is requested, the commission staff shall calculate the penalty based on the provision of subsection 3 and shall mail final notice of the penalty to the principal officer and to the treasurer of the political action committee. A detailed summary of all notices must be provided to the commission. [1999, c. 426, §34 (amd).]


7. List of late-filing committees. The commission shall prepare a list of the names of political action committees that are late in filing a report required under section 1059, subsection 2, paragraph B, subparagraph (1), section 1059, subsection 2, paragraph C or D or section 1059, subsection 3-A, paragraph B or C within 30 days of the date of the election and shall make that list available for public inspection. [1995, c. 483, §21 (new).]


8. Failure to file. A person who fails to file a report as required by this subchapter within 30 days of the filing deadline is guilty of a Class E crime, except that, if a penalty pursuant to subsection 8-A is assessed and collected by the commission, the State may not prosecute a violation under this subsection. [2003, c. 628, Pt. A, §8 (amd).]


8-A. Penalties for failure to file report. The maximum penalty for failure to file a report required under section 1059, subsection 2, paragraph B, C or E is $10,000. The maximum penalty for failure to file a report required under section 1059, subsection 2, paragraph A is $5,000. [2003, c. 628, Pt. A, §9 (new).]


9. Enforcement. The commission staff has the responsibility for collecting the full amount of any penalty and has all necessary powers to carry out this responsibility. Failure to pay the full amount of any penalty levied under this subchapter is a civil violation by the political action committee and its treasurer. Thirty days after issuing the notice of penalty, the commission shall report to the Attorney General the name of any political action committee, along with the name of its treasurer, that has failed to pay the full amount of any penalty. The Attorney General shall enforce the violation in a civil action to collect the full outstanding amount of the penalty. This action must be brought in the Superior Court for Kennebec County or the District Court, 7th District, Division of Southern Kennebec. [1999, c. 426, §34 (amd).]


Section History:
PL 1995,
Ch. 483,
§21 (NEW).
PL 1999,
Ch. 426,
§34 (AMD).
PL 1999,
Ch. 729,
§9 (AMD).
PL 2003,
Ch. 628,
§A7-9 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1062. Failure to file on time (REPEALED)

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 4: REPORTS BY POLITICAL ACTION COMMITTEES

§1062. Failure to file on time (REPEALED)



Section History:
PL 1985,
Ch. 161,
§6 (NEW).
PL 1989,
Ch. 504,
§29,31 (RPR).
PL 1991,
Ch. 839,
§32 (AMD).
PL 1995,
Ch. 228,
§3 (AMD).
PL 1995,
Ch. 483,
§20 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1063. Constitutional officers and State Auditor

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 4: REPORTS BY POLITICAL ACTION COMMITTEES

§1063. Constitutional officers and State Auditor

The Secretary of State, the Treasurer of State, the Attorney General, the State Auditor, or any individual running for these offices, may not form a political action committee or be involved in decision making for or solicit contributions to a political action committee. [1995, c. 167, §2 (new).]

Section History:
PL 1995,
Ch. 167,
§2 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1101. Maine Code of Fair Campaign Practices

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 5: MAINE CODE OF FAIR CAMPAIGN PRACTICES (HEADING: PL 1989, c. 802, @1 (new))

§1101. Maine Code of Fair Campaign Practices

1. Distribution to candidates. At the time a candidate for the office of Governor, the Senate or the House of Representatives registers with the commission as required under section 1013-A, the commission shall give the candidate a form containing a copy of the Maine Code of Fair Campaign Practices established in this subchapter. The commission shall, at that time, inform the candidate that subscription to the code is voluntary. For the purposes of this subchapter, "code" means the Maine Code of Fair Campaign Practices. [1989, c. 802, §1 (new).]


2. The code form. The code, printed on the form provided to candidates under subsection 1, must read as follows: "Maine Code of Fair Campaign Practices
div>
I shall conduct my campaign and, to the extent reasonably possible, insist that my supporters conduct themselves, in a manner consistent with the best Maine and American traditions, discussing the issues and presenting my record and policies with sincerity and candor. div>
I shall uphold the right of every qualified voter to free and equal participation in the election process. div>
I shall not participate in and I shall condemn defamation of and other attacks on any opposing candidate or party that I do not believe to be truthful, provable and relevant to my campaign. div>
I shall not use or authorize and I shall condemn material relating to my campaign that falsifies, misrepresents or distorts the facts, including, but not limited to, malicious or unfounded accusations creating or exploiting doubts as to the morality, patriotism or motivations of any party or candidate. div>
I shall not appeal to and I shall condemn appeals to prejudices based on race, creed, sex or national origin. div>
I shall not practice and I shall condemn practices that tend to corrupt or undermine the system of free election or that hamper or prevent the free expression of the will of the voters. div>
I shall promptly and publicly repudiate the support of any individual or group that resorts, on behalf of my candidacy or in opposition to that of an opponent, to methods in violation of the letter or spirit of this code. div>
I, the undersigned, candidate for election to public office in the State of Maine, hereby voluntarily endorse, subscribe to and solemnly pledge to conduct my campaign in accordance with the above principles and practices. div>
div>
Candidate for Public Office" [1989, c. 802, §1 (new).]

Section History:
PL 1989,
Ch. 802,
§1 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1102. Printing of code forms

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 5: MAINE CODE OF FAIR CAMPAIGN PRACTICES (HEADING: PL 1989, c. 802, @1 (new))

§1102. Printing of code forms

The commission shall print, or cause to be printed, copies of the code for distribution to registered candidates. [1989, c. 802, §1 (new).]

Section History:
PL 1989,
Ch. 802,
§1 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1103. Acceptance of completed forms

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 5: MAINE CODE OF FAIR CAMPAIGN PRACTICES (HEADING: PL 1989, c. 802, @1 (new))

§1103. Acceptance of completed forms

The commission shall accept, at all times prior to the election, completed code forms that are properly subscribed to by a candidate. [1989, c. 802, §1 (new).]

Section History:
PL 1989,
Ch. 802,
§1 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1104. Public records

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 5: MAINE CODE OF FAIR CAMPAIGN PRACTICES (HEADING: PL 1989, c. 802, @1 (new))

§1104. Public records

The commission shall retain for public inspection all completed code forms accepted by the commission under section 1103. A code subscribed to by a candidate is a public record under Title 1, section 408. [1989, c. 802, §1 (new).]

Section History:
PL 1989,
Ch. 802,
§1 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 21-A - §1105. Subscription to code voluntary

Title 21-A: ELECTIONS
Chapter 13: CAMPAIGN REPORTS AND FINANCES
Subchapter 5: MAINE CODE OF FAIR CAMPAIGN PRACTICES (HEADING: PL 1989, c. 802, @1 (new))

§1105. Subscription to code voluntary

In no event may a candidate be required to subscribe to or endorse the code. [1989, c. 802, §1 (new).]

Section History:
PL 1989,
Ch. 802,
§1 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
 
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